Not only Russian copyright, broadcast and digital law
The personal information of internet users, which they leave or provide it making purchases or using some service etc., is very valuable for advertisers and internet companies. For example, some video services work on advertising models, when users watch ads in return of access to their favorite movies or music. In order to define what ads to show the advertisers collect certain information about internet users.
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The new proposed draft law aims to make clear the questions caused by the multiple copyright ownership in IP object. According to current Russian law the execution of exclusive right in IP object is carrying out by more than two right holders jointly. Explanation note states that under the Russian law all right holders must reach common agreement in relation to exploitation of their IP.
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Platforms should be required to disclose the principles underlying the parameters determining ranking, but not the algorithms themselves, which should be considered to be trade secrets. It is similarly very important to distinguish between a transaction and the initiation of a transaction. A simple search for a product or service on a search engine should not be considered to be an initiation of a transaction but merely a request for information which could lead to the initiation of a transaction.
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Mandatory exception covering text and data mining for non-commercial scientific research purposes
Legislative intervention introducing a harmonised exception would increase legal certainty and reduce rights clearance costs. Researchers would be able to mine scientific publications subscribed to by their institution in full legal certainty as long as this is done for non-commercial scientific research. In addition, transaction costs for public interest research organisations could be considerably reduced.
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The Russian Federal Antitrust Service has developed new amendments to Russian law and these amendments are a very unpleasant surprise for business. Amendments to Russian civil code would legalize parallel import in Russia in 2021. The business warns this law innovation would cause depletion of investments in Russian economy.
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The relevant committee at the Russian state duma has considered the judicial reform proposed by the Russian Supreme Court. According to the proposal the Russian judges would have the right to state only resolution – i.e. resolute part – in their decisions without rationale – i.e. motivational part – explaining the reasons and logic of decision. In other words reform would allow the judged to simple decide – yes or no – and litigating parties would have receive rationale under separate procedure.
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Russian Federal Antitrust Service (FAS) currently is working on amendments to Russian antitrust law in order to improve competition in online environment. The new set of amendments aims to restrict access to online resource if the last violate Russian antitrust law.
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The new draft law – amendments to Russian law on information, its protection and informational technologies – has been introduced to Russian state duma. These amendments aim to limit permissible ownership share in news aggregators, operating in Russia, for foreign persons. All major Russian-baked news services – Mail.ru and Yandex.News – do not comply with proposed requirements.
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Fostering industry self-regulation initiatives without changes to EU legal framework
Public interest research organisations could potentially benefit from more legal certainty as a result of a convergent industry approach to TDM fostered by the Commission through structured stakeholder dialogues. This could also limit to some extent the right-clearance costs. However, the effectiveness of this option is largely dependent on the willingness of the different parties to reach mutually satisfactory solutions.
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The League of safe internet proposed Russian authorities to penalize owners of social networks and search engines for dissemination of forbidden information in Russia. The specific of this proposal is binding the size of fine to turnover of social network or search engine. The fine could be up to 1-2% of annual turnover. Such penalty could destroy entire business of internet companies.
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