Not only Russian copyright, broadcast and digital law
Intellectual property rights are one of the driving forces of innovation and creativity and a key contributor to competitiveness and employment; the enforcement of intellectual property rights plays a significant role in ensuring consumers’ health and safety; counterfeiting is generally linked with a black economy and organised crime, through financial contributions.
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UK intellectual property office has published short and usuful guidance on Intellectual property rights in Brazil. In Brazil, Intellectual Property Rights (“IPRs”) can be generally classified in three main groups: Industrial Property, Copyright and Related Rights and sui generis IPRs.
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Intellectual property rights are one of the driving forces of innovation and creativity and a key contributor to competitiveness and employment; product authenticity must not be conflated with product safety and product quality issues, the enforcement of intellectual property rights could also play a role in ensuring consumers’ health and safety; counterfeiting is generally linked with a black economy.
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The EU faces a high number of intellectual property rights infringements, and the volume and financial value of these infringements are alarming, as reported by the Commission in its report on the application of the Directive on the enforcement of intellectual property rights (COM(2010)0779); these figures also illustrate the added value which IPR represent for the European economy in global competition. Law enforcement is essential, and whereas Member States must adopt measures to enforce IPR effectively.
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The annual publication of the result of customs actions at the EU external borders provides an opportunity to measure the scale of customs actions to enforce IPR. The enforcement of IPR by customs is a priority for the Commission and the Member States. For many years customs administrations in the Union have been known for their high standard of enforcement of IPR. In 2014, customs authorities made over 95.000 detentions, consisting of a total of 35,5 million articles. The domestic retail value of the detained articles represented over 600 million euros.
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The underlying source of the PROs’ and publishers unhappiness with the current performance royalty landscape seems to be that musical works performance royalties for non-interactive digital music services are much lower than the sound recording royalty rates for the same licensees. It is important to note in this context that this disparity results from an explicit decision by the CRB that sound recording performance royalties should not be tied to music composition performance royalties.
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This time it is much more seriously. Not only business activity of accredited collecting society is in the field of interests of Russian law enforcement authorities, but also top management of organisation get their attention. Now not only Russian ministry of internal affairs but also Russian Federal Security Service (FSB) try to find out all aspects of very old issue.
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An all-encompassing IPR Policy will promote a holistic and conducive ecosystem to catalyse the full potential of intellectual property for India’s economic growth and socio-cultural development, while protecting public interest. The rationale for the National IPR Policy lies in the need to create awareness about the importance of IPRs as a marketable financial asset and economic tool. The Policy lays down seven Objectives which are elaborated with steps to be undertaken by the identified nodal Ministry/ department.
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Russian state would limit commission taken by accredited by state collective management organisation from royalties collected under compulsory licencing regime. There is no details how it should be done, but the common idea it clear – accredited by state CMO will make on right holders lesser monies than earlier.
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Copyright gives creators a monopoly over their own works; rightsholders licensing their works individually have the right to charge whatever they choose, and would not be subject to any restriction on their licensing practices or prices. There is no legal or regulatory restriction on the right of any individual composer to operate in this manner today. Composers and music publishers have chosen, however, to organize themselves into Performing Rights Organizations or “PROs.” The PROs (ASCAP, BMI and SESAC) offer “blanket” licenses that convey to broadcasters and other users the right of public performance to the works of thousands of individual composers at a single price. We would not allow wheat farmers or law firms to band together and offer access to their products only on a package basis at a fixed price, because we expect that if they did so they would insist on higher prices than each could get on their own.
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