Защита прав артистов-исполнителей: исправление дисбаланса
An imbalance of interests can arise not only in favor of the copyright holder against the interests of society. But also against the copyright holder in the interests of another copyright holder. With regard to performing artists, an incredible imbalance has arisen. AI rights began to be recognized only in 1961, when the Rome Convention on the Protection of the Rights of Performers, Producers of Phonograms and Broadcasting Organizations was adopted, which guarantees a minimum amount of rights of performers to their unrecorded performances, giving them not the exclusive right of right holders, but “the opportunity to prevent ". Exclusive rights to performing artists were granted later. Art. 19 of the Rome Convention deprives performing artists of all exclusive rights to recorded performances. The situation is partially overcome. Moral rights were not granted to performing artists under the Rome Convention, they were granted much later. The article considers the development of norms in these three areas (exclusive rights, Article 19 of the Rome Convention, moral rights) in international treaties and the Civil Code of the Russian Federation.
The present article examines the main peculiarities of modern development of the sources of Private International Law, including domestic legislation, international treaties, international customs, case law, legal acts of international organizations and lex mercatoria. The author proved that at present the main trend of the development of domestic legislation as a source of PIL consists of its intensive and extensive codification. Another trend of the development of PIL sources undermines the enlargement of instruments of non-state regulation of private international relations, namely, lex mercatoria as an example of soft law. As far as the development of PIL sources in the European Union is concerned, two trends may be observed simultaneously: firstly, formation of European conflict law and European Civil Procedure by instruments not only having legal force but also having direct application on the territory of the EU Member States (regulations); secondly, formation of the unified material rules regulating private relations amongst different subjects on the territory of the EU, which are contained either in regulations, or in non-binding documents.
Introduction: efficient legal protection of intellectual outputs is essential for the dynamic development of modern society. The list of intellectual property objects is not intended to be exhaustive, separate outputs lose their relevance and become excluded from the list of protected objects, while new ones, on the contrary, are added to it. Purpose: this work aims to identify the tendencies regarding the extension of the range of intellectual property objects at the beginning of the 21st century, and to define the scientific and technological progress results that were granted protection under the influence of the Fourth Industrial Revolution and other factors. Methods: the method of formal logic, historical, comparative legal, systemic structural and formal dogmatic methods were used in course of the analysis. Results: international legal regulation does not provide clearly-defined guidelines to restrict the sphere of intellectual property. This factor undoubtedly contributes to expanding the list of its objects. At the beginning of the 21st century, law-based lists of copyrighted works did not include any new items. The institute of neighboring rights is most dynamically developing in the Law of the European Union. The Directive on Copyright in the Digital Single Market proposes recognizing two new neighboring rights. One of them is the right of the press publishers for online use of their publications by the news aggregators. The other neighboring right included into the draft Directive was the right to coverage of sporting events. However, in February, 2019, the provisions on this right were excluded from the Directive. In our opinion, biomedical cell products constitute new objects of civil circulation that require their own legal regulation as intellectual property constituents. Conclusions: intellectual property law cannot and should not undergo changes with the emergence of every new kind of objects. The contemporary challenge facing civil jurisprudence and the legislature is to formulate universal regulations that would make it possible to protect the rights of authors and developers of technological solutions even at the stage of experiments.
Undoubtedly, BRICS have a considerable influence in the world. BRICS leaders decided to create a new financial and economic architecture and, hence, documents and resolutions adopted by BRICS countries and the G-20 documents are of great importance. A detailed analysis of these documents enables us to trace the turning points in the development of BRICS countries, to recognize key factors, influencing further effective cooperation and collaboration.
In this regard, it seems appropriate to study, within this research, the role of BRICS in the international scene, analyzing the importance of joint BRICS declarations on one of the numerous lines of collaboration and cooperation within BRICS, viz. problems of reforming of international monetary and financial institutions and a new financial and economic architecture establishment.
The most significant of all adopted by BRICS legal acts is the eThekwini Declaration. One of the most important provisions of the eThekwini Declaration is the decision to establish a new financial institution - a New Development Bank. The adoption of the decision to establish the BRICS Development Bank demonstrates the great progress of the economic development for the past decades. At present the decision to establish the BRICS Development Bank has been taken. The establishment of the Bank will also result in the change of the balance of the global political and economic power.
Certainly, the establishment of a new financial and economic architecture is extremely complicated and debating. In this article the author shows that the BRICS countries came to the conclusion that it is necessary to not only reform the existing institutions but also to establish new ones, such as for example the BRICS Development Bank.
This chapter is based on the national report, presented at a joint conference on “Tax Rules in Non-Tax Agreements” in Rust (Austria) from 7-9 July 2011. This chapter focuses on the interaction of tax rules in non-tax agreements, signed by Russia, with the corresponding tax treaty rules. Moreover, possible matters of dispute regarding the justification of these tax rules within the legal and political frameworks of Russia are given much attention.
This book is a collection of articles written on the results of the international scientific seminar "Legal aspects of the BRICS", organized by the University of Rome "Tor Vergata" in May 2013. Lawyers - researchers from Italy, Brazil, Russia, India, China and South Africa Republic took part in the discussion on the harmonization of the legal systems of the BRICS and prepared their works, which have been published in 2015.
The present Article is devoted to impact on regulation of international relations by soft law. The basic views of soft law norms classification are described. The author focuses attention on influence of soft law in lawmaking process. The analysis of some treaty, custom and soft norms of international law is given. The role of General Assembly Resolutions is underlined.