Arguments against kontrafaktovthe Chairman of the Supreme Arbitration Court (YOU) Anton Ivanov has supported idea of collecting of losses and indemnifications from innocent infringers of exclusive rights. He considers that the fourth part of the Civil code operating since January, 1st, 2008, does not allow to relieve from innocent infringers of responsibility. The Internet - providers who already demand indemnifications for placing on sites of counterfeit materials, speak about impossibility to supervise a content and suggest to change the law.
the presidium has spent YOU yesterday the first public discussion of the project of the decision of plenums of the Supreme court and YOU, concerning intellectual property. The project “ About some questions which have arisen in connection with introduction in action of a part of the fourth Civil code “ (it operates since January, 1st, 2008) has appeared in the autumn of last year. Position about collecting from innocent infringers of exclusive rights of losses has appeared one of most questions at issue discussed yesterday, or indemnification which size can reach 5 million rbl. It will allow to make answerable for the counterfeit materials placed in networks, the Internet - providers, owners of house networks and video hostings.
before coming into force of the fourth part of the Civil code courts claimed damages and indemnifications only from guilty infringers. Lawyers, truth, noticed that simple citizens, it was almost impossible to prove to legal bodies and businessmen who under the Civil code bear more a strict liability, than absence of fault. Nevertheless on December, 23rd last year the presidium has directed YOU on new consideration the business first in the practice about responsibility a hosting - the provider “ Masterhost “ for placing on a site zaycev. net counterfeit production - songs on Evgenie Krylatova`s music “ the Winged swing “ and “ Fine it is far “ and also “ Alexander “ from a film “ Moscow does not trust tears “ which melody was written by Sergey Nikitin (see “ “ from December, 24th, 2008). The Arbitration court of Moscow has decided on November, 8th, 2007 that the provider is innocent in information placing by the subscriber. But appeal and cassation courts have made the provider answerable, and judges YOU have decided that it is necessary to establish the owner of a site zaycev. net.
Yesterday at session of presidium of YOU a number of experts have expressed opinion that from innocent infringers it is possible to demand only the termination of infringement of exclusive rights, and or indemnifications it is impossible to collect losses. But judges YOU have disagreed. “ the legislation has changed, and now for protection of the rights such measures, as losses and indemnifications " are provided; - has explained the vice-president YOU Vasily Vitrjansky, having noticed that the decision project allows court to reduce the size of indemnification collected from the innocent infringer. This position was supported by Anton Ivanov: “ the justice Principle cannot stand above law positions, and other variant I do not see “. Otherwise, according to mister Ivanov, it is necessary to change the law.
the chairman of board of directors of Joint-Stock Company “ the Active worker “ (the hosting - the provider " owns; Masterhost “) Leonid Filatov says that at present providers cannot supervise legitimacy of the content placed on their sites: “ Providers render the subscribers only technical services in placing of the data on the Internet, now at them are not present either examinations, or the personnel, capable to supervise a content “. According to mister Filatova if providers will oblige to get mechanisms of control of a content, it can lead to strong increase in the cost price of rendering of service, decrease in profitability of this business and the subsequent refusal of it.
It is necessary to change the legislation, being based on foreign experience, the head of department on public relations of one of the largest Russian tells a hosting - providers RU - CENTER Andrey Vorobev. For its basis it is possible to take the law “ About the digital right “ The USA which releases a hosting - providers from responsibility for occurrence on sites of counterfeit materials, shifting on certain procedure responsibility on infringers.
, INNA - YEROKHIN