Copyright protection in the Arbitration Court

Contents:

• Legal aspects of copyright in the legislation of the Russian Federation
• Judicial protection of copyright
• Our services

Currently, the result of the activities or goods produced by companies, individual entrepreneurs or individuals can be not only directly tangible assets or services, but also objects of intellectual property. The rights to such objects are called copyrights. Copyright is understood as intellectual rights to works of science, literature, art, computer programs and databases. The objects of copyright are books, articles, films, musical works, paintings, designs, photographs, etc.

In the process of legal entities carrying out their commercial and entrepreneurial activities, violations of their copyrights occur regularly, and the most common is illegal copying and distribution of intellectual property objects, as well as plagiarism. Copyright protection in the arbitration court is necessary to bring the violator to justice.

Legal aspects of copyright in the legislation of the Russian Federation

In Russian legislation, issues of intellectual property rights protection are regulated primarily by the provisions of the fourth chapter of the Civil Code of the Russian Federation (CC RF). Copyright issues, in turn, are devoted to Chapter 70 of the Civil Code of the Russian Federation.

Thus, according to Article 1255 of the Civil Code of the Russian Federation, intellectual rights to works of science, literature and art are copyrighted. The author of the work owns the following rights:

• exclusive right to the work;
• the right of authorship;
• the author’s right to the name;
• the right to inviolability of the work;
• the right to publish the work.

In turn, the objects of copyright in accordance with the provisions of Article 1259 of the Civil Code of the Russian Federation are:

• literary, dramatic and musical works;
• musical works with or without text;
• audiovisual works;
• works of painting, sculpture, graphics, design;
• works of decorative, applied and scenic art;
• works of architecture, urban planning and landscape art, including in the form of projects, drawings, images and layouts;
• photographic works and works obtained by methods similar to photography, etc.
• computer programs;
• works that represent a reworking of another work.

At the same time, official documents of state bodies and local self-government bodies, laws and other regulatory acts, court decisions, works of folk art, state signs and symbols are not objects of copyright and, therefore, cannot be subject to judicial protection.

If, in the opinion of an individual, organization or individual entrepreneur, copyright has been violated through the illegal use of intellectual property objects, violation of the terms of the agreement on the use of such objects, plagiarism or copying of works, it is necessary to file a claim with the arbitration court.. It is also possible to challenge the illegal use of a trademark in court.

Judicial protection of copyright

After observing the standard procedures for pre-trial (claim) settlement of disputes, the party whose copyright is allegedly violated must draw up an appropriate statement of claim and, having sent it to the defendant and third parties in advance, submit it to the arbitration court. The statement of claim must comply with the requirements of Russian civil legislation and, in particular, contain the essence of the claim and the requirements for the defendant.

Currently, in Russia, legal disputes on copyright infringement can be considered both by an arbitration court and by a specialized arbitration court – the intellectual property rights court, which has been functioning since 2013. The Intellectual Property Rights Court, within its competence, considers cases on disputes related to the protection of intellectual property rights as a court of first and cassation instances.

At the same time, the procedure for considering cases by the intellectual property rights court is regulated by the Arbitration Procedure Code of the Russian Federation and does not differ from the proceedings of the arbitration courts of the Russian Federation. Within the framework of court sessions on copyright protection cases, the parties have the right to get acquainted with the case materials, present evidence, including evidence of the presence of counterfeit products, violations of the right to use a trademark, file petitions and challenges, etc.

Decisions of the intellectual property rights court may be appealed within one month from the date of the decision to the presidium of the same court for consideration of the case in the cassation instance.

Our services

VALEN Company offers services of judicial representation in cases of copyright protection in arbitration courts and the intellectual property Rights Court. Our experts will analyze your situation, help in developing a dispute management strategy, prepare a legal position, collect and file the necessary set of documents in court and implement the client’s copyright protection in court.

We offer our customers:

• representation in courts;
• patent forensic examination;
• research on patent purity;
• protection of intellectual property in the FAS;
• filing objections to the Chamber for Patent Disputes.

Our company specializes in the settlement and resolution of economic, corporate, tax and other disputes to be considered by arbitration courts, including intellectual property courts. Contact us and we will help you successfully protect copyright in arbitration courts of all instances.