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Annual reports 2001 - Section 13

 



Copyright and Related Rights

In 2001, with a view of implementation of functions in the field of copyright and related rights in accordance with the Russian Federation Government Ordinance No. 433 (dated April 12, 1999), the specialists of Rospatent and FIPS took an active part in drafting the Bill «On Inputting Amendments to the Law of the Russian Federation «On Copyright and Related Rights»». This Bill is aimed at improvement of national legislation in the field of copyright and related rights as well as to bring it in conformity with international law and international treaties to which the Russian Federation is party. The drafting of the said Bill was carried out within the framework of the Committee on Science, Culture and Tourism of the State Duma of the Federal Assembly of the Russian Federation. At present the Draft Federal Law «On Inputting Amendments to the Law of the Russian Federation «On Copyright and Related Rights»», which was agreed upon with the interested Ministries (RU Ministry of Culture, Ministry of Television and Broadcasting and Ministry of Justice), is submitted to the Russian Government.
 


 

I.A. Bliznets, Deputy Director General of Rospatent
 

Besides, the activity was carried out in the following areas:

1. Working out of basis conception of the State policy in the field of the legal protection of copyright and related rights.

2. Collection of data on law enforcement practice in the field of copyright and related rights (in cooperation with judicial and law enforcement offices).

3. Cooperation with the authors’ societies dealing with the collective administration of the rights belonged to holders of copyright and related rights.

4. Carrying out the studies of both national and foreign experience aimed at possible establishment of Rospatent databases containing the information on holders of copyright and related rights.

In order to carry out this function, a Copyright and Related Rights Division of Legal Department of the Russian Agency for Patents and Trademarks worked in cooperation with:

  • public sector, in particular the Working Groups;
  • specialized Section of Scientific and Technology Councils (STC) of the Rospatent and FIPS, which includes the famous lawyers, artists, top and senior management of the Federal Authorities capable to contribute in resolving the above tasks.

The establishment of Rospatent STC’s Section «On Copyright and Related Rights» and approval of its Agenda became on of the ways for implementation of scientific and practical activity in the field copyright and related rights. Such well-known scientists, artists as Bakanov A.A. (Painter), Voroshilo A.S. (President, Russian Society on Performers Rights’ Management, Executive Director of the State Academician Theater), Petrov N.A. (Professor, People’s artist of the USSR, performer), Vystorobets A.I. ( Head of the State establishment «Gosteleradio»), Zlotnikova E.A. (Vice President, National Association of Broadcasters), Koniakhina E.A. (layer), Koudimova M.V. (writer, literary critic), Lepchenko N.M. (First Deputy Director, Legal Department of ZAO «Media-Most»), Savelieva I.V. (Professor, Chairman of Consultative Group on Intellectual Property EEC/UN), Sizova E.A. (layer, Doctor of Jurisprudence), Fedotov M.A. (Head of UNESCO Chair on copyright and other branches of law, Doctor Jurisprudence, Professor), Chukovskaya E.E. (First Deputy Minister of Culture) took part in this activity. The Rospatent is represented in this Section by: Bliznets I.A. (Chairman of Section, Deputy Director General of Rospatent, Doctor Jurisprudence, Professor), Louknitskiy S.P. (Deputy Director, Legal Department of Rospatent, Doctor of Sociological Sciences, Professor), Morgounova E.A. (Principal Specialist, Division of Copyright and Related Rights, Legal Department of Rospatent) as well as by top and senior management of organizations under Rospatent, representatives of collective management organizations in the field of copyright and related rights.

7 sessions of the STC Section were held in the year under review. The following issues were discussed and recommendation adopted: basis conception of the State policy in the field of the legal protection of copyright and related rights; cooperation with the authors’ societies; intellectual property issues in Draft of Chapter IY of the RU Civil Code; accession of the Russian Federation to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention, 1961); passing of the Draft Federal Law «On Inputting Amendments to the Law of the Russian Federation «On Copyright and Related Rights»» and other problems of improvement of legislation in the field copyright and related rights.

In the year under review the law enforcement practice in the field copyright and related rights was studied in cooperation with law enforcement agencies and proposals on improvement of the law enforcement activity were drafted.

The draft of Resolution of the Supreme Court of the Russian Federation «On Cases of Infringement of Copyright and Related Rights» was prepared by the Division of Copyright and Related Rights, Legal Department of Rospatent At present the analysis of court rulings in this field is under joint examination of the Division of Copyright and Related Rights, Legal Department of Rospatent and Russian Academy of Justice.

One of the main functions of Rospatent, in accordance with the Russian Federation Government Ordinance No. 413, dated April 12, 1999, is a cooperation with collective administration societies in the field of copyright and related rights.

The Rospatent drafted the proposals concerning the kinds of interrelation with collective management societies. The above proposals were discussed in the meetings with the participation of the heads of the said societies. 4 such a meetings were held in the year under review. Bearing in mind the comments of such societies, the Division of Copyright and Related Rights, Legal Department of Rospatent drafted the proposals dealing with the methods of interrelation between Rospatent and collective management societies which were discussed in the session of the STC and Interdepartmental Working Group (twice).

Taking into consideration the all comments and new proposals, which took place both in sessions of the Working Group and the STC, the basic proposals on the methods of interrelation were amended as follows:

  • joint organization of the exhibitions, conferences, seminars, round tables in the field of copyright and related rights as well as working out of necessary recommendations;
  • discussion of the problems existing in the field of collective management, definition of the way of those problems’ settlement including the amount of fees, licensing contracts, etc.;
  • studying the issue on the type of database containing data on holders of copyright and related rights as well as the order of its establishment;
  • joint publication of literature on copyright and related rights.

The activity, according to the above methods, was implemented by means of carrying out of the following public events:

  • International Conference «Intellectual Property on the Internet» (January, 2001) organized by Rospatent in cooperation with Russian Society for Multimedia and Digital Networks;
  • Second International Conference of Musical Industry of Russia and CIS Countries on the Problems of Intellectual Property Protection at the Age of New Technology (February, 2001);
  • Conference «Performers Rights in the Russian Federation. Formation and Prospective of Development (April, 2001). The co-organizers of this Conference are: the Russian Society for Performers Rights’ Management, Rospatent and the European Association of Composers’ Societies;
  • Regional Seminar for Certain Countries of Europe and Asia on Copyright and Related Rights at Information Age (May, 2001) organized by WIPO in cooperation with Rospatent;
  • Round Table on Improvement and Development of Legislation in the Field of Copyright and Related Rights (February, 2001);
  • Round Table (March, 2001) on the System of Implementation of Article 26 (RU Law «On Copyright and Related Rights»). The Round Table proceedings were published in the magazine «Intellectual Property».

The results of all the said events were presented in mass media (periodicals, TV, etc.).

The session of the STC (December, 2001) approved the proposal to establish a Council for Collective Management which the members are the representatives of Rospatent and collective management societies.

The issue on establishment of databases containing the information on the holders of copyright and related rights was studied on the basis of both national and international practice.

This issue is still one of the important ways for future activity of the Division and, at present is a problem of strategic interests of the Rospatent.

The Internet Web-site on copyright and related rights is created. This site may be useful for the users interested in the national and international law on copyright and related rights.

The specialists of Rospatent and FIPS took an active part in drafting amendments to Chapter IV of the RU Civil Code (issues of intellectual property including copyright and related rights).

The activity on drafting proposals related to the accession of the Russian Federation to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention, 1961) was carried out within the framework of international cooperation in the field of copyright and related rights. At present, a set of documents on accession of the Russian Federation to the Rome Convention is submitted to the Russian Federation Government. This set of documents was drafted taking into account the comments and proposals of the interested Federal Bodies of Executive Power.

The representatives of Rospatent and FIPS took an effective part in two sessions of the WIPO Standing Committee on Copyright and Related Rights which discussed two basic problems: databases protection and protection of broadcasting organizations’ rights.

The delegation of the Russian Federation attended as an observer the 18th (regular) session of the Inter-Parliament Committee on Protection of Performers, Producers of Phonograms and Broadcasting Organizations was held from June 27 to 29, 2001 (Geneva) in the Headquarter of the International Labour Organization. The Rospatent was represented by a member of this delegation.



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