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Month: June 2017

How the problem with mirrors of pirate web-sites can be resolved in Russia

Last year right holders have achieved permanent blocking of Rutracker.org site for copyright infringement. But the result – permanent blocking – was not enough for them. Clones of Rutracker appeared in spite of right holders. In order to shut down Rutracker’s “family” it was necessary to start all over again.

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Sports.ru has reminded Match TV in court how it is important to abide copyright law

Match TV publicly declared how it is important to protect not only the copyright itself, but also the value of copyrights in content. Especially if capital of company consists of content. It was little public dispute between Match TV and sports.ru about the copyright. Match TV accused sports.ru of copyright neglect. Sports.ru explained everything in details.

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Russian senators consider idea to block foreign mass media in Russia

The Russian council of the federation considers options for blocking of broadcasting in Russia by foreign mass media, if such media have audience in Russia. How should be defined “audience” and how to count such audience is not clear and it is not clear whether it is possible to make correctly at all.

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Russian Roskomnadzor very carefully monitors pirated copies of “The Putin Interviews” in Internet

Russian Roskomnadzor requested more than 100 web-sites to restrict access to illegal copies of “The Putin Interview” by Oliver Stone. The exclusive rights in “Interview” have been acquired by Russian First Channel for Russian territory.

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“Registration” of a copyright occurs when the Register of Copyrights registers the claim

Whether registration occurs when an owner files an application to register the copyright or when the Register of Copyrights registers the copyright? Fourth Estate Public Benefit Corporation filed a suit for infringement against Wall-Street.com and Jerrold Burden. The complaint alleged that Fourth Estate had filed an application to register its allegedly infringed copyrights, but that the Copyright Office had not registered its claims. The district court dismissed the action because Fourth Estate failed to plead compliance with the registration requirement.

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Russian Central Bank and Ministry of internal affairs have upheld the proposed law on VPN and similar services

The new law, proposed recently, provides pretty harsh regulation for VPN and anonymizer services operating in Russia. Not all are happy with intention of Russian government to control anonymizers and messengers in Russia. Internet ombudsman believes it is madness to block VPN services in a case if they don’t comply with requirements of Russian supervising authorities.

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Draft evaluation and review of the IPR enforcement directive – Speed, quality and access to enforcement

Judges specialised in IPR matters would provide an added value compared to legal action dealt with in non-specialised courts (shorter length of proceedings, more fir-for-purpose proceedings and better quality judgments). A first option to address this issue is promoting and incentivising of the specialisation of national judges in matters of infringement and validity of IPR through a non-legislative initiative.

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Verb use does not automatically constitute generic use

A claim of genericness or “genericide,” where the public appropriates a trademark and uses it as a generic name for particular types of goods or services irrespective of its source, must be made with regard to a particular type of good or service. Verb use of the word “google” to mean “search the internet,” as opposed to adjective use, did not automatically constitute generic use.

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