Certain aspects of the law enforcement practice of taking preliminary interim measures in accordance with article 144.1 of the Civil Procedure Code of the Russian Federation

Publication type Article
Status Published
Occupation: Associate Professor at the Department of Civil Law and Procedure and International Private Law
Affiliation: RUDN University
Address: 6 Miklukho-Maklaya str., 117198 Moscow, Russia
Occupation: Aassistant judge
Affiliation: First Court of Appeal of General Jurisdiction
Address: 29, bld. 34 Vereyskaya str., 121357 Moscow, Russia
Journal nameGosudarstvo i pravo
EditionIssue 6

The article examines the features of preliminary interim measures for disputes on the protection of copyright and associated intellectual property on the Internet and specific aspects of law enforcement practice of their adoption Article 1441 of the Civil Procedure Code of the Russian Federation.

The authors note that the peculiarity of applications for preliminary protection of copyright and (or) associated intellectual property rights (except for the rights to photographic works and works obtained by methods similar to photographs on the Internet) is the possibility of their submission to the Court by filling out a unique electronic form, posted on the official website of the Moscow City Court, and signing with an exclusively enhanced qualified electronic signature belonging to an individual authorized to act on behalf and in the interests of the applicant (as by a power of attorney, and by the post held in the case of representing the interests of a legal entity).

The documents’ requirements to be submitted by applicants simultaneously with the application for insufficient protection of copyright and (or) associated intellectual property rights (mandatory requisites) are noted, as well as the legal consequences of failure to submit such documents or their non-compliance with the established requirements.

The authors conclude that the copyright holder has the right to demand restrictions on access to information resources that distribute not only objects of copyright and (or) associated intellectual property rights but also the information necessary for obtaining them using information and telecommunications networks. This is because posting information on the sale of audiovisual works on websites without the copyright holder's consent, including links for downloading them, is one of the forms of distribution of such objects.

The article discusses the peculiarity of trademark rights protection, including cases of its illegal use on a website on the Internet, and also expresses an opinion on the possibility of claiming the protection of rights to stylized artistic images that are not a trademark by the procedure provided for in Article 1441 of the Civil Procedure Code of the Russian Federation, even if their illegal use consists in placing photographs of relevant artistic images, drawings on the website page without the consent of the copyright holder.

Keywordspreliminary interim measures of copyright protection and associated intellectual property rights on the Internet, enhanced qualified electronic signature, a screenshot of the website page, a trademark, an artistic image
Publication date20.06.2022
Number of characters21533
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