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Category: Digital

Guidance on IPRED Directive – calculating damages

Member States are required to enable the competent judicial authorities to order the infringer who knowingly, or with reasonable grounds to know, engaged in an infringing activity to pay the rightholder damages appropriate to the actual prejudice suffered by him as a result of the infringement. Where the infringer acted not knowingly, or without reasonable grounds to know, Member States have the possibility to enable the judicial authorities to order the recovery of profits or the payment of damages, which may be pre-established.

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SWD Impact assessment on the modernisation of EU copyright rules – impacts of first option

Option 1 could facilitate the clearance of rights and reduce transaction costs for cross-border online transmissions only on the basis of voluntary agreements concluded between rightholders, CMOs and broadcasters. The effectiveness of such agreements would depend on the sectors’ willingness to license rights collectively (which may be limited in the case of AV works).

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Can Google and Yandex manipulate search results “manually”?

Russian Federal Antitrust Service believes they can. Elena Zaeva, the main person in service’s department of communication and informational technologies, stated that the service has revealed the opportunity of search engines, namely Yandex and Google, to affect search results “manually”. But the service did not reveal violation of current Russian law, but it monitors the situation.

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Internet of things can face mandatory identification in Russia

Till the end of 2019 there should be regulated identification of internet of things (IoT) in Russia. Such measure is provided in Russian strategy for “Digital economy”. It was stated that it is not about to identify users, who have devices of IoT, but things themselves. For each device, thing connected to internet, an individual identifier should be allocated.

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In Russia can appear a list of online stores which have the right to operate there

Russian watchdog, protecting consumers’ rights and interests, proposed to make a list of online stores, which can operate in Russia. Such list would be some kind of registry, containing the web-sites having the rights to operate in Russia. New proposal concerns not only Russian online stores, but also foreign.

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A balanced IP enforcement system responding to today’s societal challenges

Efficient, well-designed and balanced intellectual property (IP) systems are a key lever to promote investment in innovation and growth. Intellectual Property Rights (IPRs) are one of the principal means through which companies, creators and inventors generate returns on their investment in knowledge and creation.

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SWD Impact assessment on the modernisation of EU copyright rules – impacts of baseline option

Under the baseline scenario, broadcasters would continue facing high transaction costs linked to licensing of rights for cross-border online transmissions, including for their own programmes. Existing voluntary initiatives aimed at promoting the aggregation of rights and the granting of multi-territorial licences could nevertheless contribute to facilitating the clearance of rights for musical works and phonograms used in in radio and TV broadcasts.

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Russian vice premier of Russian government instructed to establish common digital music library

Olga Golodec, the vice premier of Russian government, at the meeting of All-Russian choral society has instructed its members to establish single digital music library. Such library must consist of sheets music, texts and recordings of exemplary performance of musical works.

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Nintendo has won more than 11 mln in circumvention and copyright infringement case

In 2012, Parliament amended the Copyright Act, RSC 1985, c C-42 to add prohibitions against circumventing technological protection measures (TPMs) and trafficking in circumvention devices. In doing so, Parliament explicitly recognized the importance of TPMs for protecting copyrighted works, particularly in the video game industry.

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The Russian courts find out whether quotation is only for textual works or it can be also for images

The case is about quotation of images. One media house (defendant) has published in its articles and on its web-site the photographs of Russian popular blogger Varlamov (plaintiff). Varlamov did not like it and has filed a lawsuit for copyright infringement. He lost the case. The court of first instance ruled it was simple quotation – copyright exception. Varlamov appealed.

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