Month: January 2016

Russian Ministry of Communication can change its mind in relation to non-contractual collective management in Russia if the collective management organisation will work transparently. If there will be drastic positive changes good for right holders and if they mention it and speak out about, in that case changes in Mincom’s project are possible. According to Alexey Volin, deputy of Russian minister of communication, right holders don’t understand how royalties are distributed among them. The purpose of mincom’s project is to distribute collected royalties among right holders, but not to spend them as CMO’s operational costs. It would be right to reduce percentage the CMO leaves for itself. Volin could arrange about “greater transparency” with Russian Union of right holders (RSP) and All-Russian Organisation of Intellectual Property (VOIS).

In first case Moscow city court refused to consider appeal against permanent blocking of rutracker.org. This court affirmed decision against Dreamtorrent Corp., protecting exclusive rights in literary works. Person did not agree with permanent blocking and filed appeal. The court did not find reasons to consider this appeal. According to article 320 of Russian code of civil procedures decisions, affirmed by court of first instance, can be appealed under relevant rules. Only the party of case (claimant and defendant) or other persons participating in case have right to appeal court decision. Also appeal can be filed by person, even if such person did not participate in case, if the issue in relation to rights or obligations of such person has been resolved by the court in such case. Person, which filed appeal against permanent blocking of RuTracker.org, is not person participating in case. In a court decision of 9.10.2015 the issue in relation to rights or obligation of such natural person has been not resolved by the court. Therefore, under item 4, part 1 of article 135 of Russian code of civil procedures the court returns the appeal back to the person, who have made it, if such person does not have authority to file it.