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Copyright protection online in Russia

The results of creative work are subject to protection not only when they are released or published on tangible media. Legal protection is granted to works and other objects placed on Internet resources. This article tells how to achieve protection of exclusive rights on the Internet, and what options the right holder can use to eliminate violations.

What the protection covers

Copyright protection online may be accompanied by the registration of individual intellectual property objects, or will be associated with the very fact of the creation of a work. Copyrights do not require registration and arise directly from the creation of the following types of objects:

For the listed objects, protection can be established by depositing a copy with a collecting society, or through a notary. Such options will greatly simplify the procedure for asserting interests against possible infringements. If the copyright holder can prove his authorship, he can demand a ban on the distribution of works on the Internet, seek damages through the court, and grant permission for use for a fee or free of charge.

Russian legislation provides an opportunity to register rights to certain intellectual property objects used on the Internet. For example, it is possible to set protection in advance for the following objects:

The period for which protection is granted after registration depends on the type of object. For example, a patent must be renewed regularly by paying a state duty, or the protection regime will be revoked. If a domain name registered as a trademark is not used within the first three years, the protection regime can also be revoked at the request of interested parties.

Ways to protect rights on the Internet

To protect copyright holders from infringements on the Internet it is allowed to apply not only the standard options for action. The law allows for the blocking of sites with illegal content at the request of the copyright holder. In some cases this is possible even without going to court. Illegal content is determined by the following characteristics:

An attempt to appropriate the authorship of a unique intellectual property object can be singled out as a separate group of violations. For example, if a site design, previously registered with the issuance of a patent, is reproduced without the permission of the copyright holder, it is possible to obtain a ban on the Internet resource with compensation for damages.

In order to achieve the suspension of the work of Internet sites with illegal content, or their blocking, the right holder may apply to the court, the service Roskomnadzor. If the infringement of rights is related to unfair competition (for example, the use of domain names similar to a previously registered designation), a complaint can be made to the Federal Antimonopoly Service. As a result of the inspection, a substantial fine may be imposed with a ban on unfair competition actions.

In addition, the owner of intellectual property rights may use the standard options for protection against infringement:

A significant number of disputes involve trademark and domain name infringement. Taking advantage of the ease of registration of new domain names, unscrupulous entities mislead consumers - the name of the name or Internet resource may coincide with the designation of a well-known brand. In such situations, the parties can resolve the issue by mutual agreement, or refer the dispute to the courts. As a rule, the court satisfies the claims of companies who have registered a trademark long before the registration of a domain name.

A problem with bringing to responsibility may arise if the details of the infringer are unknown. For example, an internet resource may be registered under foreign jurisdictions, or conceal information about its owners. In this case, the most effective option would be to apply to ban the site from the territory of the Russian Federation and block it.

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