Copyright protection in the Arbitration Court

Jan, 16 2020


Currently, the result of companies’, individual entrepreneurs’ or individuals’ activities can be not only directly tangible assets or services, but also objects of intellectual property. The rights to such objects are called copyrights. By copyright we mean intellectual rights to works of science, literature, art, computer programs and databases. The objects of copyright are books, articles, films, musical works, works of painting, design, photography, etc.

Violation of legal entities’ copyrights while carrying out it’s business activities occur regularly and the most common violations are illegal copying and distribution of intellectual property, as well as plagiarism. So, copyrights protection in arbitration court is required for bringing violator to justice.

In Russian legislation, issues of intellectual property rights protection are governed primarily by the provisions of the fourth chapter of the Civil Code of the Russian Federation (Civil Code). In turn, chapter 70 of the Civil Code of the Russian Federation is devoted to copyright issues. So, according to article 1255 of the Civil Code, intellectual property rights to works of science, literature and art are the subjects of copyright. The following rights belong to the author of a work:

  • the exclusive right in the work;
  • authorship right;
  • the right of the author in his name;
  • inviolability of the work;
  • the right to make the work public.

In turn, the objects of copyright according to the provisions of article 1259 of the Civil Code are:

  • Literary, dramatic and musical-dramatic works;
  • musical works with or without text;
  • audiovisual works;
  • works of painting, sculpture, graphics, design;
  • works of decorative-applied and stage-set art;
  • works of architecture, city planning, and park and garden art, including in the form of plans, depiction, and models;
  • photographic works and works obtained by means analogous to photography;
  • geographic, geological, and other maps, plans, sketches, and plastic works related to geography, topography, and other sciences;
  • computer programs;
  • works representing the processing of another work.

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

In case if copyright has been violated by illegal use of intellectual property, violation of the terms of the agreement on the use of such objects, plagiarism or copying of works, in the opinion of an individual, organization or individual entrepreneur, it is necessary file a lawsuit to the arbitration court. Also, it is possible to challenge the illegal use of a trademark in court.

After observing the standard procedures of pre-trial dispute settlement, the party whose copyright was allegedly infringed should draw up a lawsuit and, send it to defendant and third parties in advance and file it to the Arbitration court. The claim must comply with the requirements of Russian civil law and, in particular, contain the essence of the claim and the requirements to defendant.

Today in Russia judicial proceedings related to copyright infringement can be considered both by the arbitration court and by a specialized arbitration court – the intellectual property court, which has been operating since 2013. The Court for intellectual property rights, within its competence, considers cases in disputes related to the protection of intellectual rights as a court of first instance and cassation.

At the same time, the procedure of cases’ consideration by the Court for intellectual property rights 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. In the framework of court hearings on copyright protection cases, the parties are entitled to consult the case files, provide evidences, including evidences of counterfeit products, violation of the right of trademark use, submit petitions and challenges, etc.

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

Our services

VALEN offers legal representation in copyright cases in arbitration courts and the Court for intellectual property rights. Our experts will analyze your situation, help in developing of a dispute resolution strategy, prepare a legal position, collect and submit to the court the necessary set of documents and implement the protection of the client’s copyright in court.

We offer our customers:

  • representation in the courts;
  • patent forensics;
  • research on patent purity;
  • protection of intellectual property in the Federal Antimonopoly Service;
  • filing objections to the Chamber for Patent Disputes.

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

Author of the article
Copyright protection in the Arbitration Court
Valentina Khlavich
Managing Partner
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