The failure of the Russian global license proposal and the future of alternative remuneration systems
As rights holders, courts, and policy makers worldwide struggle with the question of copyright infringement and the potential liability of internet service providers (ISPs) worldwide, Russia developed – and subsequently abandoned – a proposal for the creation of a global license to be imposed on ISPs which would allow for rights holders to be compensated for copyright-infringing activities carried out through those ISPs.
Russia is not the first jurisdiction to look at a global license as solution to the wide spread of copyright infringements online. By analysing the Russian proposal for a global license, this article addresses the sustainability of such a model on a wider scale by analysing the legal implications this may cause. In this context, this article will address the Russian proposal's legislative history before moving into a substantive discussion about the synergies between legal justifications and merits of a global license.
The author of article E.P.Gavrilov, professor of the chair of the civil law of the Higher school of economy, doctor of law answers to the questions of readers of the magazine, received in connection with his previously published article.
Foreign patenting faces a number of difficulties: necessity of preparation of a great number of demands, payment of great sums by the patent attorney in the form of patent fees. Work of patent departments is duplicated. Two international mechanisms facilitate these difficulties: Paris convention on protection of industrial property (1883) Patent cooperation treaty (1970). E.P.Gavrilov – doctor of sciences, professor, chair of the civil low of the state university Heigher school of economy the partisipant of the soviet delegation at this conference recollects this conference.
copyright, exclusive right, copyrighted works, successors of the author, the assignee
The article investigates trends in development of copyright in the modern information society. It is noted that, to a certain extent, the provisions of "classical" copyright conflict with the technical possibilities of dissemination of information in digital form and the needs of society in information that is updated on a digital basis. As one of the means of resolving this contradiction, the normative fixing of exceptions to copyright in relation to libraries is indicated. The options for incorporation copyright exceptions for libraries in the legislation of various states are considered, as well as possible approaches to the establishment of such exceptions, as declared in documents of international and national organizations and expert advisory bodies.
The purpose of this work is to study the problem of correlation between personal and property constituent elements of copyright within the framework of continental legal system. The work contains conclusions relating to the specific interrelations existing between the mentioned constituent elements of the mechanism of copyright and the extent of their compulsory nature both for lawmakers and for law enforcement officials.
The subject of this monograph is intellectual property law in Russia. This study focuses on legal mechanisms of protection of intellectual property rights since, in Russia, legislation is the main source of such rights. Though neither judicial practice nor theses propounded in legal literature are formally considered sources of intellectual property law in Russia, they at times seriously affect court rulings, and so much attention is paid to them in this study in dealing with key issues and points of dispute.
All references to legislation in this monograph are valid as of August 2014, but account is taken of amendments to Part Four of the Civil Code that are due to enter into force on 1 October 2014.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/