What is the problem with IP in Russia? This article will demonstrate brief guide to online intellectual property in Russia.
Is it permissible for a website owner to link to third-party websites without their permission?
The legislation in Russia does not require a website owner to seek permission to link to third-party websites. However, the website owner must carefully consider whether permission is needed, as linking without permission may be considered copyright infringement (e.g., when linking to a third-party website is considered unauthorized “communication to the general public”), or an act of unfair competition (e.g., if the website’s content contained insulting information about third-party goods) (e.g., if the website contains extremist material).
Can a website owner use third-party content on its website without permission from the third-party content provider? Could the potential consequences be civil in nature as well as criminal or regulatory?
In most cases, a website owner must obtain permission before using third-party content on their site. Under Russian law, third-party content will most likely be protected by copyright. As a result, using third-party content on a website without the owner’s express permission (consent) will almost certainly result in both civil and criminal liability. While Russia does not recognize the idea of fair use of copyrightable works in general, the Civil Code does permit the use of copyrightable materials without the owner’s permission in restricted circumstances for educational, scientific, and similar purposes. Potential consequences for unauthorized use of third-party content include civil claims from content owners.
A website owner can exploit the software used for a website by licensing the software to third parties
A website owner can profit from the software used on their site by licensing it to third parties if they hold the owner of intellectual property rights associated with this software. The extent of subsequent exploitation of software licensed from a third party (including the right to sub-license it to third parties) is determined by the scope of the initial license.
Are any liabilities incurred by links to third-party websites?
The usage of third-party links is not explicitly regulated by Russian legislation. A website owner that shows links to a third-party website may be held responsible for unfair competition, copyright or other intellectual property rights violation, or other civil rights infringement, depending on the circumstances of a particular case. If the connection leads to illegal content, the website owner may be held criminally or administratively liable (eg, pornographic, violent, or extremist material).
Is video content online regulated in the same way as TV content or is there a separate regime?
Both internet video and television programming are subject to the same set of certain rules. Russian child protection laws, which include age-rating and watershed rule requirements, as well as Russian counter-extremism laws, which ban the distribution of extremist information, are examples of these.
Furthermore, there are specific rules for prohibited TV content (eg, manufacturing or consuming drugs, explosive manufacturing instructions, information on the methods and tactics of counterterrorist operations, and information on children suffering abuse, among others).
According to Federal Law No. 87-FZ ‘On Amendments to the Information Law,’ content transmitted via online video services is subject to similar, albeit not identical restrictions as of July 1, 2017. Video services must adhere to the Russian mass media legislation restrictions, which include content, required age ratings, and the ban of broadcasting channels and TV shows that are not registered as mass media under the Russian mass media law.
Do authorities have the power to carry out dawn raids and issue freezing injunctions in connection with IP infringement?
In general, when the police receive a claim from an IP rights holder, they may raid the infringer’s premises at daybreak and confiscate counterfeit products. A court may also impose freezing injunctions with respect to equipment, materials, or specific actions undertaken over the internet as part of the injunctive relief if such equipment, materials, or activities are suspected of infringing third-party IP rights.
What civil remedies are available to IP owners? Do they include search orders and freezing injunctions?
Cessation of IP infringement, recovery of losses (damages) or payment of statutory compensation, seizure of counterfeit goods, publication of the court’s decision on the infringement indicating the actual rights holder, and freezing injunctions are all civil remedies available to IP owners under the Civil Code. In addition, there is a special expedited procedure for obtaining temporary measures to ban or halt infringing content.