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Category: Legal proposal

Estonian’s Option A of article 11 for DSM copyright directive

New neighbouring right

It is necessary to define the concept of press publication in a way that embraces only journalistic publications, published in any media, including on paper, in the context of an economic activity which constitutes a provision of services under EU law. The press publications to be covered are those whose purpose is to inform the general public and which are periodically or regularly updated.

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Passport or id can be obligatory in order to visit a cinema in Russia

Russian state duma has adopted in first reading a new draft law providing the cinemas’ cashiers with right to require a passport or id from the person buying the ticket to the cinema. If the cashier has doubt in relation to the age of person, buying the ticket, the cashier has the right to make buyer of the ticket to demonstrate his/her id or passport in order to be sure whether the age of person is appropriate for the movie demonstrated in cinema.

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Russian Kremlin endorsed repeal of criminal penalties for reposts in internet

Russian deputies proposed to abolish criminal liability for reposts or sharing of extremist publications or materials in World Wide Web. Some people just make reposts of information published mostly in social networks and as a consequence bear criminal liability because technically under current Russian law it is dissemination of prohibited information. Russian Kremlin upheld this idea.

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

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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Strengthening the Press Through Copyright – lack of legal protection

The briefing note by committee of legal affairs demonstrates that the new, related right for press publishers provided in Article 11 of the ‘Proposed DSM Directive’ is required to address pressing market failures in the area of the online press. The note also outlines why the proposed Article 11 is proportionate and the criticism raised against it by various stakeholders is not compelling.

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Strengthening the Press Through Copyright – why a publisher’s right is required

The briefing note by committee of legal affairs demonstrates that the new, related right for press publishers provided in Article 11 of the ‘Proposed DSM Directive’ is required to address pressing market failures in the area of the online press. The note also outlines why the proposed Article 11 is proportionate and the criticism raised against it by various stakeholders is not compelling.

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Russian Supreme Court decided to retain obligatory motivational part in courts’ decisions for IP cases

February this year the Russian Supreme Court proposed to free Russian judges from reasoning their decisions. The rationale for such decision was the fact that sometimes the parties of case do not require it, or do not attend the court when it considers the case. Motivational part in court’s decision explains why the court made its decision, which legal norms it has applied.

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Technical aspects of text and data mining research in copyright directive

A new very useful research, requested by policy department for citizens’ rights and constitutional affairs, has been published. The author of research, Eleonora Rosati, has briefly but informative and understandable way outlined the main issues with text and data mining exception to copyright. The entire research available here, below some technical points of exception – its three steps.

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