Amending Legislative Acts of the Russian Federation Concerning the Questions of Protection of Intellectual Rights in Information and Telecommunication Networks
Document type
Legislation
Country
(1) The law sought to strengthen the protection of motion pictures online and introduced amendments to the Civil Code, the Civil Procedure Code, the Arbitrazh (Commercial) Procedure Code, and the Federal Law No. 149-FZ of July 27, 2006 “On Information, Information Technologies and Protection of Information.” It also introduced a general framework for intermediary liability for IP infringements (see more on art. 1253.1 of the Civil Code above).
(2) Under amended art. 26 of the Civil Procedural Code, the Moscow city court, as a court of first instance, has an exclusive jurisdiction to consider cases related to violation of IP rights to motion pictures on the Internet, and can issue preliminary injunctions at the request of a right holder before a legal suit is filed.
(3) Roscomnadzor is mandated to enforce such injunctions in accordance with the new article 15.2 of the Law “On Information, Information Technologies and Protection of Information” by identifying hosting providers and requesting the removal of or limiting access to infringing material.
(4) If either a hosting service provider or content owner fail to take required measures, Roscomnadzor will issue an order to telecom operators to block access to an identified online service.
(5) Later, in November 2014 the list of protected copyright objects under this law was expanded to cover all copyright objects (except photos). See more below on Law No. 364-FZ.
Country
Year
2013
Topic, claim, or defense
Copyright
Document type
Legislation
Issuing entity
Legislative Branch
Type of service provider
Host (Including Social Networks)
Internet Access Provider (Including Mobile)
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Type of law
Civil
General effect on immunity
Weakens Immunity
General intermediary liability model
Takedown/Act Upon Court Order
Takedown/Act Upon Administrative Request