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Malamura Valeria I.
Pre-Trial Protection of Infringed Copyrights: Specifics and Legal Characteristics of the Process
Keywords: copyright, author, work, pre-action protocols, complaint, copyright infringement
The authors carried out the analysis of the Russian legislation in the field of regulation of copyright protection and pre-action protocol, which is one of mandatory pre-trial methods of civil rights protection. The Russian legislation provides for a mandatory pre-trial procedure for protecting infringed copyright. One of the most effective, as practice shows, methods of pre-trial protection is the pre-action protocol, which gives the opportunity to quickly resolve the situation. Based on the actual data the authors identified the problems of pre-action protocols in the field of copyrights protection, which is caused by complexity of the evidentiary process, as well as high amounts in terms of compensating the infringed rights. The pre-action protocol in the field of copyright protection is not expanded in any laws or regulations – this complicates the process of interaction with the party that violated the author's rights. The relevance of the topic of pre-trial protection of violated copyrights is due to the fact that the vast number of authors and copyright holders sooner or later face theft of their works, their use without permission, and other violations of their own property and non-property rights. But at the same time, authors, especially those who are far from jurisprudence, have difficulties in using the methods of applying the mandatory pre-action protocol, especially the claim order, caused by the specifics of copyright. Current legislation in the sphere of intellectual property is far from ideal, so in the course of its improvements, special attention should be paid to detailed regulation of the pre-action protocol or to individual disputed issues in the form of a normative legal act, in particular to regulating the definitions of acceptable and unacceptable evidence of violated rights, and establishing special conditions for all state and municipal institutions for compensation of losses caused by violation of copyright.
References
- Bogdanova O.V. Zashchita intellektual’nyh avtorskih prav grazhdansko-pravovymi sposobami [Intellectual Property Protection by Civil Law]. Moscow, Yusticinform Publ., 2017, 212 p.
- Karyagina O.V. Idei primireniya i posrednichestva v otechestvennoi i zarubezhnoi politiko-pravovoi mysli [The ideas of reconciliation and mediation in domestic and foreign political and legal thought]. Filosofiya prava, 2010, no. 3, pp. 56–60.
- Sevast’yanov S.G. Sovremennye tendencii razvitiya ARS v Rossii [Current trends in the development of ARS in Russia]. In: Nosyreva E.I., Fil’chenko G., eds. Razvitie mediacii v Rossii: teoriya, praktika, obrazovanie: sb. st. [Development of mediation in Russia: theory, practice, education]. Moscow, Infotropik Media Publ., Berlin, 2012, pp. 25–31.
- Yarkov V.V. Dosudebnyi poryadok uregulirovaniya sporov [Pre-trial dispute resolution]. Moscow, Infotropik Media Punl., Berlin, 2012, 223 p.
About authors
- Malamura Valeria I.
- Deputy Director of Legal Affairs, Center for the Development of Creativity, Russia, Voronezh (valerimal@list.ru; )
Article link
Malamura Valeria I. Pre-Trial Protection of Infringed Copyrights: Specifics and Legal Characteristics of the Process [Electronic resource] // Oeconomia et Jus. – 2020. – №1. P. 54-61. – URL: https://oecomia-et-jus.ru/en/single/2020/1/7/.
