Law | Dekuzu

SWD IA on EU copyright modernisation – impacts of second option for out-of-commerce works in the collections of cultural heritage institutions

Published 21st June 2018

EU legislative intervention (i) requiring MS to put in place legal mechanisms to facilitate collective licensing agreements for all types of OoC works and to foster national stakeholder frameworks, and (ii) giving cross-border effect to such legal mechanisms.

Under Option 2, the presence of legal frameworks everywhere in the EU that allow for licences issued by CMOs to also cover the rights of outsiders would give CHIs the possibility to see their related transaction costs diminish considerably everywhere in the EU for the digitisation and dissemination of works. This would apply to all types of works. Under this option, it would be possible for the CHI to reduce that cost to the one of negotiating a single licence with a CMO. Licences concluded on the basis of such legal frameworks could have cross-border effect for all works too.

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Third edition of USA copyright office compendium – Screen Displays and Computer Programs That Generate Typeface, Typefont or Barcodes

Published 20th June 2018

Screen Displays

As a general rule, a computer program and the screen displays generated by that program are considered the same work, because the program code contains fixed expression that produces the screen displays. If the copyright in the source code and the screen displays are owned by the same claimant, the program and any related screen displays may be registered with the same application.

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The Russian court awarded 3.7 billion Roubles for trademark infringement, but there is no winner

Published 19th June 2018

One Russian publishing house has registered a trademark depicting a Russian letter “Ф” in the form of globe. The sign means that the schoolbook complies with federal state educational standards. This publishing house has filed against another Russian publishing house for trademark infringement. The plaintiff asserted defendant marketed approximately 600 types of production (about 5 mln copies) with plaintiff’s image, depicting on cover, substantially similar to plaintiff’s trademark.

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Russian Federal Antitrust Service explained why it proposed to restrict the monopoly of IP rights

Published 18th June 2018

No so long time ago the Russian Federal Antitrust Service (FAS) has proposed to restrict the monopoly of IP rights in order to protect competition in digital Russian market. The so called “fifth antitrust packet” provides opportunity to deprive the developers of their rights in trademarks, software and inventions. FAS believes it is justified in the terms of sanctions imposed on Russia; as long as the sanctions are in force, the IP rights can be diminished.

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Russian ministry of communication promised USA quid pro quo in copyright protection

Published 15th June 2018

Deputy of Russian minister of communication (MinCom) Alexey Volin stated, that MinCom is intended to cooperate with USA in the field of cyber security and copyright protection, but such cooperation will based on quid pro quo principle.

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SWD IA on EU copyright modernisation – impacts of first option for out-of-commerce works in the collections of cultural heritage institutions

Published 7th June 2018

EU legislative intervention (i) requiring MS to put in place legal mechanisms to facilitate collective licensing agreements for OoC books and learned journals and to foster national stakeholder frameworks for these and other works, and (ii) giving cross-border effect to such legal mechanisms.

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Third edition of USA copyright office compendium – application tips for computer programs

Published 6th June 2018

The application for registration with copyright office must provide the title of the computer program. The title should include the version number or release number (if any) for the specific version of the program that the applicant intends to register.

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Restricting the monopoly of IP rights as antitrust measure in Russia

Published 4th June 2018

Russian Federal Antitrust Services (FAS) develops fifth packet of amendments to Russian law on protection of competition. The reason of proposed amendments, according to FAS, is inability to apply current law standards to digital markets. The updated regulation should also cover internet and digital platforms or companies. This so called “fifth packet” includes amendments to Russian IP law.

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What annual complaints book by Russian business proposes for IP industry?

Published 1st June 2018

Each year the Russian business ombudsman publishes the book of complaints – the collection of problems identified by Russian business. Each industry identifies certain problems and business ombudsman proposes solutions. The intellectual property is no exception. What complaints and what solutions?

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Andrey Krichevsky, CEO of Russian accredited CMO, about collective management in Russia

Published 30th May 2018

Andrey Krichevsky gave to Russian media house “Kommersant” interview. During the conversation with journalist he explained his position and vision of collective management in Russia, his experience and perspectives in development of music business in generally. Below are his main thoughts, and, believe, they have been translated very correctly.

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Category: Law