PATENT & TM ATTORNEYS PRACTICE
Copyright and Related Rights
In addition to industrial property laws, many creations, such as works of literature, science and art, can rely on copyright and related rights for legal protection. From the moment that a particular creation, be it a text, photograph, song, graphic, design, blueprint, audio record, television broadcast, radio broadcast, computer program or database, starts to be reproduced, spread, performed, broadcast, edited, posted on the Internet or marketed in any other way, the legislation on copyright and related rights applies. Like industrial property rights, works subject to copyright or related rights are regarded as IP rights; however, they are subject to a specific legal regime.
We have extensive experience in protecting copyright and related rights. We offer a comprehensive range of services relating to the creation/establishment, usage, transfer and protection of copyright and related rights on any literary, scientific and artistic works. In particular, we advise our Russian and foreign clients on questions of ownership and transfer of exclusive rights within civil (business) and labour (employment) relations, personal (moral) rights, payment of remuneration to authors and performers, free (‘fair’) use of works of copyright and related rights, licensing and assignment of copyright and related rights, illegal use of copyright and related rights (including on the Internet), liability of information intermediaries (website administrators, network operators, web hosts), and technical means of protecting copyright and related rights.
We offer the full range of measures, both judicial and non-judicial, aimed at protecting copyright and related rights, including:
- preparing and submiting complaints and warning letters to alleged infringers
- preparing and submiting lawsuits and complaints to competent courts, including the IP Court and the Supreme Court of the Russian Federation
- preparing and submiting complaints against illegal use of copyright and related rights in law enforcement bodies with the aim of bringing the alleged infringers to administrative, civil or criminal liability
- representing clients before the Federal
Anti-monopolyService of the Russian Federation (and its subdivisions) in cases involving the illegal use of copyright and related rights
We help our clients to block illegal video and other online content, and record the relevant information in the Register of Copyright Infringers under the new local anti-piracy law. We also help information intermediaries to avoid prosecution in cases where unjust claims are made by third parties.
We provide our Russian and foreign clients with unique registration (depositing) mechanisms for copyright and related rights vested in works of literature, science and art. We also register computer programs and databases by recording the software source codes and database structures in the relevant registries. In addition, we record our clients’ copyright on the customs IP registries to ensure the maximum protection of their IP rights.