21.07.2013 Natalia Zelentsova, associate at Maxima Legal

"Anti-piracy" law became effective

On 1 August the Federal Law amending specific legislative enactments governing protection of intellectual rights in information and telecommunication networks became effective. Provisions of the law at issue relate only to protection of exclusive rights to films (including motion pictures and TV films).

In case the right holder finds in information and telecommunication networks, including the Internet, films or information required to obtain them using information and telecommunication networks which being disseminated without his consent or in the absence of other lawful grounds, he shall have a right to file an application with the federal executive body competent to exercise control and supervision in the sphere of mass media, mass communication, information technologies and communication seeking to assume measures aimed at the  restriction of access to those information resources that disseminate such films or information by virtue of an effective court ruling.

The authorized body shall within three days determine a hosting provider ensuring placing of information resource containing the information breaching exclusive rights in the Internet and send a notification about breach of intellectual rights to the hosting provider demanding to remove such information. By virtue of such a notification the hosting provider shall within one day inform the site owner who must also within one day immediately remove information unlawfully placed on his site or assume measures required to restrict access to such information. If the site owner fails to fulfill this obligation, the hosting provider must restrict access to the respective information resource and if such restriction is no made the access shall be restricted by the communications service provider.

The Russian Civil Code is appended with the provisions regarding peculiarities of liability of information broker and the terms and conditions for his release from liability for breach of intellectual rights (for example, when he did not and should not know that use of respective results of intellectual activity contained in such material is unlawful, etc.). Nevertheless, to those information brokers that bear no liability for breach of intellectual rights one can lodge claims on protection of intellectual rights not related to application of civil penalties, including removal of information breaching exclusive rights, or restriction access thereto.

There are amendments introduced to the Civil Procedure Code which pertain to the content of interim measures applicable in case of breach of exclusive rights in the Internet.

All the similar civil cases connected with protection of intellectual rights in the information and telecommunication networks, including the Internet, fall within the exclusive competence of the Moscow City Court.

We note that discussions about the entire law and specific provisions thereof do not wear thin. Moreover, at the moment there is a draft law on the cancellation of the enacted "anti-piracy" law introduced to the State Duma. Those who initiated the draft law allege that the foregoing law was enacted contrary to the opinions of experts that the document at issue was insufficiently elaborated and ignoring position of the Higher Court, superior authorities of the constituent territories of the Russian Federation, important comments of the Duma Committee on Civil, Criminal, Arbitration and Procedural Legislation and without holding extensive public discussion.