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News of Intellectual Property21.09.2006 - State Duma Solves Intellectual Property Issue Yesterday State Duma (lower chamber of Russian legislature) after its first reading passed the draft of the Civil Code’s fourth part concerning issues of intellectual property. First Vice-Chairman of the Russian government Dmitriy Medvedev declared that this legal act is drafted in accordance with Russia’s international obligations and is oriented on Russia’s entering WTO. The draft was passed almost unanimously in the first reading yesterday. Medvedev, who was presenting the draft in Duma, also called passing of this act one of the most important events in the sphere of economic relations’ regulation, pointing out that the document is drafted in accordance with international agreements and is close to the legislation of European community. The new act unites all rules in the sphere of intellectual property, defining general notions, mechanism for commercial turnover of right s and their defense. Moreover, it defines rights for know-how, firm-name, commercial name. New objects of intellectual property are introduced into Russian legislation, for example rights of database producer for materials constituting such base. This must become a defense against thefts of databases. The protection of authors’ interests is increased; this includes protection of rights for products made on employer’s order. Rights of the authors’ heirs for using their products are also defined. Rules prohibiting publishing of photographs without prior concern of persons depicted on them were not included in this draft of the act, although the current legislation has provisions for protection of rights for images. As deputy leader of the working group Alexander Makovski says, including these provisions in the draft is being discussed, however “there no text of such draft at this point”. The main object of criticism in the act are regulations offered for Internet sphere, such as registering domain names with compulsory prior examination of their singularity. The Internet community is feared of the bureaucratization of this process. Supporters of the new provisions however believe that problems with domain name require legal resolution. “Judicial practice of resolving disputes concerning alike domain names and their resemblance of trade marks and firm names is already being made while the number of such disputes is growing”, - says attorney at law Konstantin Sklovskiy. Dmitriy Medvedem however was calling upon being very cautious with Internet sphere. Alexandr Makovskiy said it is not improbable that the draft of the act can be corrected in this part. In the sphere of copyright experts are pointing at positive trends. “Under current legislation exclusive rights for any work cannot be fully conceded at once, and this makes difficulties for usage of works, - believes deputy director of law company “Law and Consultations” Pavel Monakov. – Now this problem will be solved, which will accelerate circulation and will increase the profitability of authors’ activity”. “there will be no sufficient change of the game rules in the sphere of trademarks and situation with fighting piracy may be improved”, says Alexey Popovichev, the manager of committee of “Rusbrand” community for protection intellectual property. Rusbrand are the initiators of petition to the RF government for not introducing the draft to State Duma, which was signed in April by ten associations of goods and computer programs producers. When Dmitriy Medvedev was asked about the reasons for right holders’ protests he said “They just haven’t read the bill!” “When foreign experts carefully studied it, there were only favorable reports”, - he added. Source: ÊîììåðñàíòÚ |
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