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Category: Enforcement

It was proposed to repeal the “law on bloggers” in Russia

New draft law, repealing the law on bloggers in Russia, has been introduced to Russian State Duma. Provisions of the law on bloggers, regulating dissemination of publicly accessible information in Internet by bloggers, have been declared as ineffective. Many believes that registry of bloggers, created under this law, is a stupid and absurd thing.

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Russian legislators proposed to forbid VPN and similar services in Russia

New draft law proposes amendments to Russian law on information, its protection and informational technologies. Explanatory note to this draft underlines that relevant Russian authorities face obstacles when forbid dissemination of illegal information under current Russian law. First of all it is impossible to oblige search engines to exclude links to forbidden information in search results. Secondly VPN services nullify all endeavours targeted to control over dissemination of information in violation of Russian law.

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Draft evaluation and review of the IPR enforcement directive – Towards an internal market for IP enforcement

Due to the lack of a European right (except for trademarks and designs), obtaining interlocutory or permanent injunctions for the same infringement against infringers or intermediaries from several jurisdictions in the EU is often cumbersome for certain IPR, in particular copyright.

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Draft evaluation and review of the IPR enforcement directive – Making IP enforcement fit for the digital age

Different stakeholders ask for a clarification of the scope of provisional and permanent injunctions, in particular with regard to intermediaries. A broad call is also made to generally strengthen the involvement of intermediaries in IPR enforcement.

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Draft evaluation and review of the IPR enforcement directive – Strengthening fairness and balance in the IPR civil enforcement framework

Many stakeholders ask for more legal clarity on the calculation of damages and their fairer allocation arguing that the amount of damages ordered by the courts often does not cover the harm suffered by the right holder, does not sufficiently deter the infringer from carrying out the infringement and thus provides no incentive to seek legal redress in the first place. In practice this can provide a competitive advantage to the infringer.

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Russian business outlined all its complaints in one “book”

In Russia it was established institute of ombudsman presenting and protecting interests of Russian business. For certain industry of business there is special representative of ombudsman, who summarizes all complaints stated by business and puts them on paper. Each year ombudsman makes report to Russian president and proposes the ways to resolve problems outlined in book of complaints.

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Russian Roskomnadzor proposed to repeal mechanism of approval for reproduction of material mediums containing video, music, software etc.

Under Russian law in order to reproduce material copies of audio-visual works, software, data bases, music, in addition to licence from right holder, it is necessary to receive written approval from relevant state authority. Such approval is also called licence, but not from right holder. Exception is provided only for those persons, who are right holders.

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Draft evaluation and review of the IPR enforcement directive – quo vadis?

In the Digital Single Market and the Single Market Strategies the Commission announced that it will review the EU intellectual property enforcement framework. In response to this announcement DG GROW evaluated the functioning of Directive 2004/48/EC on the enforcement of intellectual property rights and prepared a review of the Directive. Recent discussions between the relevant Cabinets and services involved revealed a fundamental disagreement on the general orientation of the initiative.

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European commission accepted commitments from Amazon on e-books

The European Commission has adopted a decision that renders legally binding the commitments offered by Amazon. The commitments address the Commission’s preliminary competition concerns relating to a number of clauses in Amazon’s distribution agreements with e-book publishers in Europe. Amazon will no longer enforce or introduce these clauses in agreements with publishers.

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