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The Civil Code Of The Russian Federation
 http://civil-code.narod.ru/
Описание закладки:
THE CIVIL CODE OF THE RUSSIAN FEDERATION Part Four No. 230-FZ of December 18, 2006 (with the Additions and Amendments of February 20, August 12, 1996, October 24, 1997, July 8, December 17, 1999, April 16, May 15, November 26, 2001, March 21, November 14, 26, 2002, January 10, March 26, November 11, December 23, 2003, June 29, July 29, December 2, 29, 30, 2004, March 21, May 9, July 2, 18, 21, 2005, January 3, 10, February 2, June 3, 30, July 27, November 3, December 4, 18, 30, 2006, January 26, February 5, April 20, June 26, July 19, 24, October 2, 25, November 4, 29, December 1, 6, 2007, April 29, 2008) Part 4 Adopted by the State Duma on November 24, 2006 Approved by the Federation Council on December 8, 2006 Section VII Rights in the Results of Intellectual Activities and Means of Individualisation Chapter 69. General Provisions Article 1225. The Protected Results of Intellectual Activities and Means of Individualisation 1. Below are the results of intellectual activities and the means of individualisation of legal entities, goods, works, services and enterprises which qualify as such which enjoy legal protection (by intellectual property): 1) scientific, literary and artistic works; 2) programmes for computers (computer programmes); 3) databases; 4) performances; 5) sound recordings; 6) broadcasting and cable radio and television programmes (the transmissions of broadcasting or cable organisations); 7) inventions; 8) utility models; 9) industrial designs; 10) breeding achievements; 11) integrated circuit layout-designs (topography); 12) know-how; 13) firm names; 14) trademarks and service marks; 15) the appellation of origin of goods; 16) commercial names. 2. Intellectual property is protected by law. Article 1226. Intellectual Rights For the results of intellectual activities and the means of individualisation qualifying as such (the results of intellectual activities and means of individualisation) intellectual rights are recognised as including an exclusive right deemed a property right, and also in the cases specified by the present Code personal non-property rights and other rights (artists resale right, right of access and others) Article 1227. Intellectual Rights and the Right of Ownership 1. Intellectual rights do not depend on the right of ownership to the material medium (thing) in which the result of an intellectual activity or the means of individualisation is expressed. 2. The transfer of the right of ownership to the thing does not cause the transfer or granting of intellectual rights to the results of the intellectual activity or the means of individualisation expressed in the thing, except for the case described in Item 2 of Article 1291 of the present Code. Article 1228. The Author of the Result of an Intellectual Activity 1. The author of the result of an intellectual activity is the citizen by whose creative labour such result has been created. The following shall not be deemed authors of a result of an intellectual activity: citizens who have not made a personal creative contribution in the creation of such result, for instance, who have rendered only a technical, consultative, organisational or material assistance to the author thereof or who have only assisted in the completion of formalities for such result or for the use thereof, and also citizens who have supervised the performance of the relevant works. 2. The author of the result of an intellectual activity holds the right of attribution, and in the cases envisaged by the present Code a right to the name and other personal non-property rights. The right of authorship, the right to the name and other personal non-property rights of the author are unalienable and unassignable. A waiver of these rights shall be deemed null and void. The right of authorship and the name of the author shall be protected in perpetuity. After the author`s death any person concerned may protect his authorship and name, except for the cases set out in Item 2 of Article 1267 and Item 2 of Article 1316 of the present Code. 3. The exclusive right to the result of an intellectual activity created by creative labour is initially vested in the author. This right may be transferred by the author to another person under a contract, and it may also be transferred to other persons on the other grounds established by law. 4. Rights in the result of an intellectual activity created jointly by the creative labour of two and more citizens (co-authorship) are jointly owned by the co-authors. Article 1229. Exclusive Right 1. The citizen or legal entity holding the exclusive right to the result of an intellectual activity or a means of individualisation (right holder) is entitled to use such result or such means at his own discretion by any means that does not conflict with the law. The right holder may dispose of the exclusive right to the result of the intellectual activity or means of individualisation (Article 1233), unless otherwise envisaged by the present Code. The right holder may at his own discretion permit or prohibit other persons to use the result of the intellectual activity or means of individualisation. The lack of prohibition shall not be deemed consent (permission). Other persons shall not use the relevant result of the intellectual activity or means of individualisation without the right holder`s consent, except for the cases envisaged by the present Code. If taking place without the right holder`s consent, the use of the result of an intellectual activity or means of individualisation (including the use thereof by the methods envisaged by the present Code) is deemed illegal and it shall cause the liability established by the present Code and other laws, except for cases when the use of the result of an intellectual activity or means of individualisation by persons other than the right holder without his consent is permitted by the present Code. 2. The exclusive right to the result of an intellectual activity or means of individualisation (except for the exclusive right to a firm name) may be held by one person or jointly by several persons. 3. Where the exclusive right to the result of an intellectual activity or means of individualisation is jointly held by several persons each of the right holders may use the result or means at his own discretion, unless otherwise envisaged by the present Code or agreement between the right holders. Relationships between the persons jointly holding the exclusive right shall be defined by an agreement between them. Incomes from the joint use of the result of an intellectual activity or means of individualisation shall be distributed among all right holders in equal parts, except as otherwise envisaged by agreement between them. Right holders shall jointly dispose of the exclusive right to the result of an intellectual activity or means of individualisation, except as otherwise envisaged by the present Code. 4. In the cases envisaged by Item 3 of Article 1454, Item 2 of Article 1466, Item 1 of Article 1510 and Item 1 of Article 1519 of the present Code independent exclusive rights in one and the same result of an intellectual activity or one and the same means of individualisation may simultaneously be held by different persons. 5. Restrictions on exclusive rights in the results of intellectual activities or means of individualisation, in particular, in cases when the use of the results of intellectual activities is permitted without the right holders` consent but when they retain their rights to a fee shall be established by the present Code. These restrictions shall be established on the condition that they neither inflict an unjustified damage on the ordinary use of the results of the intellectual activities or means of individualisation nor infringe without a good reason on the lawful interests of the right holders. Article 1230. The Effective Term of Exclusive Rights 1. Exclusive rights in the results of intellectual activities or means of individualisation shall be effective for a certain term, except for the cases envisaged by the present Code. 2. The duration of the effective term of en exclusive right to the result of an intellectual activity or means of individualisation, the procedure for counting the term, the grounds and procedure for extending the term, and also the grounds and procedure for terminating the exclusive right before the expiry of the term are established by the present Code. Article 1231. The Effect of Exclusive and Other Intellectual Rights on the Territory of the Russian Federation 1. The exclusive rights in the results of intellectual activities and means of individualisation established by international treaties of the Russian Federation and the present Code are effective on the territory of the Russian Federation. The personal non-property and other intellectual rights not deemed exclusive are effective on the territory of the Russian Federation in accordance with Paragraph 4 of Item 1 of Article 2 of the present Code. 2. When the exclusive right to the result of an intellectual activity or means of individualisation is recognised in accordance with an international treaty of the Russian Federation the content of the right, its effect, restriction, procedure for exercising and protecting the right shall be defined by the present Code irrespective of the provisions of the legislation of the country where the exclusive right came into being, unless otherwise envisaged by the international treaty or the present Code. Article 1232. The State Registration of the Results of Intellectual Activities and of Means of Individualisation 1. In the cases envisaged by the present Code the exclusive right to the result of an intellectual activity or means of individualisation is recognised and protected on the condition that the result or means is registered by the state. 2. In cases when the result of an intellectual activity or means of individualisation is subject to state registration under the present Code the alienation of the exclusive right to such result or means under a contract, the pledge of the right and the granting of a right to use the result or means under a contract, and equally the transfer of the exclusive right to the result or means without a contract are also subject to a state registration for which the procedure and terms are established by the Government of the Russian Federation. 3. The state registration of alienation of the exclusive right to the result of an intellectual activity or means of individualisation under a contract, the state registration of pledge of the right, and also the state registration of the assignment of a right to use the result of means under a contract shall be carried out by means of the state registration of the relevant contract. 4. In the case envisaged by Article 1239 of the Code the ground for the state registration of provision of the right of using the result of an intellectual activity or means of individualisation is the relevant court`s decision. 5. The ground for the state registration of assignment of the exclusive right to the result of an intellectual activity or means of individualisation in line of succession shall be a certificate of inheritance, except for the case envisaged by Article 11657 of the present Code. 6. The non-observance of the provision requiring state registration for a contract of alienation of the exclusive right to the result of an intellectual activity or means of individualisation or a contract of assignment to another person of a right to use such result or means shall cause the invalidity of the relevant contract. If the provision requiring state registration for the assignment of the exclusive right without a contract is not observed, such assignment shall be deemed unaccomplished. 7. In the cases envisaged by the present Code the state registration of the result of an intellectual activity or means of individualisation may be carried out if the right holder so wishes. In these cases, the registered result of an intellectual activity or means of individualisation and the rights in such result are subject to the rules set out in Items 2-6 of the present article, except as otherwise envisaged by the present Code. Article 1233. Disposing of an Exclusive Right 1. The right holder may dispose of his exclusive right to the result of an intellectual activity or means of individualisation in any manner not contradicting a law and the essence of such exclusive right, including its alienation under a contract to another person (a contract of alienation of the exclusive right) or the granting to another person of the right of using the relevant result of the intellectual activity or means of individualisation within the limits set by a contract (licence contract). The conclusion of the licence contract shall not cause the assignment of the exclusive right to the licensee. 2. Contracts of disposing of the exclusive right to the result of an intellectual activity or means of individualisation, including contracts of alienation of an exclusive right and licence (sub-licence) contracts are subject to the general provisions on obligations (Articles 307-419) and on the contract (Article 420-453) in as for as otherwise is not established by the rules of the present section or ensue the content or nature of the exclusive right. 3. A contract that does not expressly state that the exclusive right to the result of an intellectual activity or means of individualisation is assigned in full shall be deemed a licence contract, except for a contract concluded in respect of the right of using the result of an intellectual activity or means of individualisation that has been specifically created or is being created for being included into a complex object (Paragraph 2 of Item 1 of Article 1240). 4. The terms of a contract of alienating an exclusive right or of a licence contract limiting a citizen`s right to create the results of an intellectual activity of a certain kind or in a certain area of intellectual activity or to alienate the exclusive right to such results to other people shall be deemed null and void. 5. Where a contract of pledge of the exclusive right to the result of an intellectual activity or means of individualisation is concluded the pledgor is entitled to use the result of the intellectual activity or means of individualisation during the effective term of the contract and dispose of the exclusive right to such result or means without the pledgee`s consent, except as otherwise envisaged by the contract. Article 1234. The Contract of Alienation of an Exclusive Right 1. Under a contract of alienation of an exclusive right one party (right holder) assigns or undertakes to assign its exclusive right to the result of an intellectual activity or means of individualisation to another party (acquirer) in full. 2. The contract of alienation of the exclusive right shall be made in writing and it shall be subject to state registration in the cases envisaged by Item 2 of Article 1232 of the present Code. The non-observance of the written form or of the provision requiring state registration shall cause the invalidity of the contract. 3. Under the contract of alienation of the exclusive right the acquirer undertakes to pay the fee envisaged by the contract to the right holder, except as otherwise envisaged by the contract. If a contract of alienation of an exclusive right concluded on a compensation basis does not comprise a clause concerning the amount of fee or procedure for determining it, the contract shall be deemed unconcluded. In this case, the rules envisaged by Item 3 of Article 424 of the present Code for price-setting shall not be applicable. 4. The exclusive right to the result of an intellectual activity or means of individualisation is transferred from the right holder to the acquirer of the right as of the time of conclusion of a contract of alienation of the exclusive right, except as otherwise established by agreement of the parties. If the contract of alienation of the exclusive right is subject to state registration (Item 2 of Article 1232), the exclusive right to the result or means is transferred from the right holder to the acquirer of the right as of the time of state registration of the contract. 5. If the acquirer has significantly failed to observe his duty to pay the right holder within the term established by the contract of alienation of the exclusive right a fee for the acquisition of the exclusive right to the result of the intellectual activity or means of individualisation (Subitem 1 of Item 2 of Article 450) the previous right holder shall be entitled to claim in court that the rights of the acquirer of the exclusive right be assigned to the previous right holder and also a payment of damages, if the exclusive right has been transferred to the acquirer thereof. If the exclusive right has not been transferred to the acquirer then, if he has failed to execute his duty to pay within the term set by the contract a fee for the acquisition of the exclusive right the right holder may waive the contract unilaterally and claim a payment of damages due to the rescission of the contract. Article 1235. The Licence Contract 1. Under the licence contract one party being the holder of the exclusive right to the result of an intellectual activity or means of individualisation (licensor) undertakes to grant to the other party (licensee) the right of using the result or means within the limits set out in the contract. The licensee may use the result of the intellectual activity or means of individualisation only within the limits of the rights and in the manner set out in the licence contract. The right of using the result of intellectual activity or means of individualisation not expressly mentioned in the licence contract shall not be deemed granted to the licensee. 2. Except as otherwise envisaged by the present Code, the licence contract shall be concluded in writing. The licence contract shall be subject to state registration in the cases envisaged by Item 2 of Article 1232 of the present Code. The non-observance of written form or of the provision requiring state registration shall cause the invalidity of the licence contract. 3. The licence contract shall make reference to the territory on which the use of the result of the intellectual activity or means of individualisation is permitted. If the contract does not comprise reference to the territory on which the use of the result of the intellectual activity or means of individualisation is permitted, the licensee is entitled to use them throughout the territory of the Russian Federation. 4. The term for which the licence contract is concluded shall not exceed the effective term of the right to the result of the intellectual activity or means of individualisation. If the licence contract does not define its effective term, the contract shall be deemed concluded for a five-year term, except as otherwise envisaged by the present Code. If the exclusive right is terminated the licence contract shall be terminated. 5. Under the licence contract the licensor undertakes to pay to the licensee the fee specified in the contract, except as otherwise envisaged by the contract. If an onerous licence contract does not comprise a clause on the amount of fee or on the procedure for setting it, the contract shall be deemed unconcluded. In this case the pricing rules set out in Item 3 of Article 424 of the present Code are not applicable. 6. The licence contract shall set out the following: 1) the subject matter of the contract, by referring to the result of the intellectual activity or means of individualisation which may be used under the contract, and in relevant cases to the number and date of issue of a document certifying the exclusive right to the result or means (a patent or certificate); 2) the manner in which the result of the intellectual activity or means of individualisation is going to be used. 7. The transfer of the exclusive right to the result of an intellectual activity or means of individualisation to the new right holder shall not be deemed a ground for modifying or rescinding the licence contract concluded by the previous right holder. Article 1236. The Types of Licence Contracts 1. A licence contract may serve to: 1) grant to a licensee the right of using the result of an intellectual activity or means of individualisation, with the licensor`s retaining his right of issuing licences to other persons (a simple (non-exclusive) licence); 2) grant to the licensee the right of using the result of an intellectual activity or means of individualisation, with the licensor`s not retaining the right of issuing licences to other persons (an exclusive licence). 2. Except as otherwise established by the licence contract, the licence is deemed simple (non-exclusive). 3. In respect of various types of using the result of an intellectual activity or means of individualisation one licence contract may comprise the terms set out in Item 1 of the present article for licence contracts of various types. Article 1237. Performing the Licence Contract 1. The licensee shall provide reports to the licensor on the use of the result of the intellectual activity or means of individualisation, except as otherwise established by the licence contract. If a licence contract requiring the making of reports on the result of an intellectual activity or means of individualisation lacks a clause concerning the term and procedure for the provision of reports, the licensee shall present such reports to the licensor if requested by him. 2. During the effective term of the licence contract the licensor shall abstain from committing actions capable of impeding the licensee`s exercising his right of using the result of the intellectual activity or means of individualisation within the limits set by the contract. 3. Using the result of the intellectual activity or means of individualisation in a manner not envisaged by the licence contract or upon the termination of such contract or otherwise beyond the limits of the rights granted to the licensee under the contract shall cause the accountability for a breach of the exclusive right to the result of the intellectual activity or means of individualisation established by the present Code, other laws or the contract. 4. If the licensee fails to execute his duty to pay to the licensor within the term set by the licence contract a fee for the granting of the right of using scientific, literary or artistic works (Chapter 70) or objects of allied rights (Chapter 71) the licensor may unilaterally waive the licence contract and claim a payment of the damages caused by the rescission of the contract. Article 1238. The Sub-licence Contract 1. Given the licensor`s consent in writing, the licensee may grant under a contract the right of using the result of the intellectual activity or means of individualisation to another person (a sub-licence contract). 2. Under the sub-licence contract a sub-licensee may obtain the rights of using the result of the intellectual activity or means of individualisation only within the limits of the rights and the manners of use set out in the licence contract for the licensee. 3. A sub-licence contract concluded for a term exceeding the effective term of the licence contract shall be deemed conclude for the effective term of the licence contract. 4. The licensee shall be liable before the licensor for the actions of a sub-licensee, except as otherwise established by the licence contract. 5. A sub-licence contract shall be subject to the rules of the present Code governing the licence contract. Article 1239. The Enforced Licence In the cases envisaged by the present Code a court may take a decision on the claim of a person concerned to grant to the person on the terms specified in the court`s decision the right of using the result of intellectual activity in which the exclusive right is held by another person (enforced licence). Article 1240. Using the Result of Intellectual Activity as Part of a Complex Object 1. The person that has organised the creation of a complex object incorporating several protected results of intellectual activities (a film, another audiovisual work, theatre performance show, multimedia product, comprehensive technology) acquires the right of using these results under contracts of exclusive right alienation or licence contracts concluded by the person with the holders of the exclusive rights in the relevant results of the intellectual activities. If the person that has organised the creation of a complex object acquires the right of using the result of intellectual activity that has been specifically created or is being specifically created for being included in the complex object the relevant contract shall be deemed a contract exclusive right alienation, except as otherwise envisaged by agreement of the parties. A licence contract having a provision for using the result of intellectual activity within a complex object shall be concluded for the whole term and in respect of the whole territory of effect of the relevant exclusive right, except as otherwise envisaged by the contract. 2. The terms of a licence contract that impose limitations on the use of the result of intellectual activity within a complex object shall be deemed invalid. 3. If the result of intellectual activity is used within a complex object, the author of the result shall retain the right of attribution and other personal non-property rights to the result. 4. While using the result of intellectual activity within a complex object the person that has organised the creation of the object shall be entitled to indicate his/its name or claim that such indication be made. 5. The rules of the present article shall be applicable to the right of using the results of intellectual activity within a comprehensive technology created entirely or partially with federal budget funds, except as otherwise established by the rules of Chapter 77 of the present Code. Article 1241. The Transfer of an Exclusive Right to Other Persons without a Contract The transfer of the exclusive right to the result of intellectual activity or means of individualisation to another person without the conclusion of a contract with the right holder is admissible in the cases and on the grounds established by a law, for instance, in line of universal succession (inheritance, the reorganisation of a legal entity) and in the event of the levy of execution of the right holder`s property. Article 1242. The Organisations Collectively Managing Copyright and Allied Rights 1. The authors, performers and manufacturers of sound recordings and other owners of copyright and allied rights, when it is difficult for them to exercise their rights individually or when the present Code permits the use of objects of copyright and allied rights without the consent of the owners of the relevant rights but with a fee being paid to them, may form membership-based non-commercial organisations which have the powers granted thereto by right holders and the duty to manage the relevant rights on a collective basis (organisations managing rights on a collective basis). The formation of such organisations shall not impede the representation of the owners of copyright and allied rights by other legal entities and citizens. 2. Organisations managing rights on a collective basis may be formed to manage the rights classified as one or several types of objects of copyright and allied rights, manage one or several types of such rights in respect of certain manners in which the relevant objects may be used or to manage any copyright and/or allied rights. 3. A ground underlying the powers of an organisation managing rights on a collective basis shall be a contract of assignment of right management powers concluded by the organisation with a right holder in writing, except for the case envisaged by Paragraph 1 of Item 3 of Article 1244 of the present Code. The said contract may be concluded with the right holders being members of the organisation and with the right holders not being members thereof. In this case, the organisation managing rights on a collective basis shall undertake to manage these rights if the management of this category of rights falls within the charter activities of the organisation. Also a ground underlying the powers of an organisation managing rights on a collective basis may be a contract with another organisation, including a foreign one managing rights on a collective basis. The contracts mentioned in Paragraphs 1 and 2 of the present item are subject to the general provisions on obligations (Articles 307-419) and on contracts (Articles 420-453), in as much as otherwise ensues the content or nature of the right put in management. The rules of the present section on contracts of alienation of exclusive rights and on licence contract are not applicable to the said contracts. 4. Organisation managing rights on a collective basis are not entitled to use the objects of copyright and allied rights for which exclusive rights have been transferred thereto for management. 5. Organisation managing rights on a collective basis are entitled to present claims in court either on behalf of right holders or on their own behalf, and also to commit the other legal actions required for protecting the rights that have been transferred thereto for being managed on a collective basis. An accredited organisation (Article 1244) is also entitled to present claims in the court on behalf of an indefinite group of right holders as may be required for protecting the rights managed by this organisation. 6. The legal status of organisations managing rights on a collective basis, the functions of such organisations, the rights and duties of their members are defined by the present Code, laws on non-commercial organisations and the charters of the relevant organisations. Article 1243. The Performance of Contracts with Right Holders by an Organisation Managing Rights on a Collective Basis 1. An organisation managing rights on a collective basis shall conclude licence contracts with users for the provision to them of the rights transferred by right holders to the organisation for management concerning the relevant manner of use of objects of copyright and allied rights on the terms of a simple (non-exclusive) licence and collect fees for the use of these objects. In cases when objects of copyright and allied rights according to the present Code may be used without the right holder`s consent but with a fee thereto the organisation managing rights on a collective basis shall conclude contracts with users for the payment of a fee and collect funds for the purpose. The organisation managing rights on a collective basis is not entitled to refuse to conclude a contract with a user without a sufficiently good reason. 2. If a licence contract with a user is concluded directly by a right holder the organisation managing rights on a collective basis may collect fees for the use of objects of copyright and allied rights only if there is an expressly stated provision to this effect in the said contract. 3. On the request of the organisation managing rights on a collective basis users shall present their reports thereto on the use of objects of copyright and allied rights, as well as the other information and documents required for the purpose of fee collection and distribution, with the list thereof, and term for the provision thereof as defined in the contract. 4. The organisation managing rights on a collective basis shall distribute the fee for the use of objects of copyright and allied rights among right holders, and also pay out the said fee thereto. The organisation managing rights on a collective basis is entitled to withhold from the fee amounts of money to cover the necessary expenses relating to the collection, distribution and disbursement of the fee as well as the amounts of money posted to the special funds set up by this organisation with the consent and in the interests of the right holders it represents, in the amounts and procedure set out in the charter of the organisation. Fee distribution and disbursement shall take place on a regular basis on the dates set by the charter of the organisation managing rights on a collective basis pro rata to the actual use of relevant objects of copyright and allied rights determined on the basis of the information and documents received from users, and also other information on the use of the objects of copyright and allied rights, including statistical data. Simultaneously with fee disbursement the organisation managing rights on a collective basis shall present a report to the right holder on the use of his rights, including the amount of fee collected and on the sums withheld from it. 5. The organisation managing rights on a collective basis shall maintain registers with information on right holders, the rights transferred to the organisation for management, and also objects of copyright and allied rights. The information found in the registers shall be provided to all persons concerned in the procedure established by the organisation, except for the information that according to a law cannot be disclosed without the consent of the right holder. The organisation managing rights on a collective basis shall place information in a public information system on the rights transferred to the organisation for management, including the title of the object of copyright and allied rights and the name of the author or other right holder. Article 1244. The State Accreditation of Organisations Managing Rights on a Collective Basis 1. An organisation managing rights on a collective basis may obtain state accreditation for the pursuance of activities in the below areas of collective management: 1) managing the exclusive rights in published musical works (with or without a text) and segments of dramatic-musical works in respect of the public performance thereof, broadcast or cable transmission, including re-transmission (Subitems 6-8 of Item 2 of Article 1270); 2) exercising the rights of the composers being the authors of the musical works (with or without a text) used in an audiovisual work to receive a fee for the public performance or broadcast or cable transmission of the audiovisual work (Item 3 of Article 1263); 3) managing the artist`s resale right in respect of artistic works, and also the author`s manuscripts (autographs) of literary and musical works (Article 1293); 4) exercising the rights of the authors, performers and manufacturers of sound recordings and audiovisual works to receive a fee for the reproduction/playback of the sound recordings and audiovisual works for personal purposes (Article 1245); 5) exercising the rights of performers to receive a fee for a public performance, and also for a broadcast or cable transmission of sound recordings that are published for commercial purposes (Article 1326); 6) exercising the rights of manufacturers of sound recordings to receive a fee for a public performance and also for a broadcast or cable transmission of sound recordings published for commercial purposes (Article 1326). The state accreditation shall be carried out on the basis of a transparent procedure and of account being taken of the opinion of persons concerned, including right holders, in the procedure defined by the Government of the Russian Federation. 2. State accreditation for the pursuance of an activity in each of the collective management areas specified in Item 1 of the present article may be obtained by only one organisation managing rights on a collective basis. An organisation managing rights on a collective basis may obtain a state accreditation for the pursuance of activities in one, two and more collective management areas specified in Item 1 of the present article. The activities of an accredited organisation are not subject to the restrictions envisaged by antimonopoly legislation. 3. An organisation managing rights on a collective basis which has obtained state accreditation (an accredited organisation) is entitled, apart from managing the rights of the right holders with which it has concluded contracts in the procedure set out in Item 3 of Article 1242 of the present Code, to manage rights and collect fees for the right holders with which it has not concluded such contracts. The existence of an accredited organisation shall not impede the formation of other organisations to manage rights on a collective basis, including those in the collective management areas specified in Item 1 of the present article. Such organisations are entitled to conclude contracts with users only in the interests of the right holders which have conferred thereon right management powers in the procedure envisaged by Item 3 of Article 1242 of the present Code. 4. A right holder that has not concluded a contract with an accredited organisation for the transfer of right management powers (Item 3 of the present article) is entitled at any time to waive in full or in part the management of his rights by that organisation. The right holder shall notify in writing the accredited organisation of his decision. If the right holder intends to waive the management by the accredited organisation of only part of copyright or allied rights and/or objects of these rights he shall present thereto a list of such removed rights and/or objects. Upon the expiry of three months after the receipt of the relevant notice from the right holder the accredited organisation shall remove the rights and/or objects specified by him from contracts with all users and post information about it in a public information system. The accredited organisation shall pay to the right holder the fees he is entitled to that have been received from users under the contracts concluded earlier and present a report in compliance with Paragraph 4 of Item 4 of Article 1243 of the present Code. 5. The accredited organisation shall take reasonable and sufficient measures for identifying the right holders entitled to receive fees under the licence contracts and contracts of disbursement of fees concluded by this organisation. Except as otherwise established by a law, the accredited organisation is not entitled to refuse to admit as its member a right holder entitled to receive a fee in accordance with the licence contracts and contracts of disbursement of fees concluded by this organisation. 6. Accredited organisations shall pursue their activities under the supervision of the authorised federal executive governmental body. Every year, accredited organisations shall present their reports to the authorised federal executive governmental body about their activities, and also publish them in an all-Russia mass medium. The form of the report shall be established by the authorised federal executive governmental body. 7. The model charter of an accredited organisation shall be approved in the procedure defined by the Government of the Russian Federation. Article 1245. The Fee for Free Reproduction/Playback of Sound Recordings and Audiovisual Works for Personal Purposes 1. The authors, performers and manufacturers of sound recordings and audiovisual works are entitled to receive a fee for a free reproduction/playback of the sound recordings and audiovisual works exclusively for personal purposes. Such fee is of a compensatory nature, and is payable to right holders from the funds payable by the manufacturers and importers of the equipment and material media used for the reproduction/playback. A list of the equipment and material media, and also the amount of, and procedure for collecting, the funds shall be approved by the Government of the Russian Federation. 2. The collection of the funds intended for disbursing fees for the free reproduction/playback of sound recordings and audiovisual works for personal purposes is the responsibility of the accredited organisation (Article 1244). 3. A fee for a free reproduction/playback of sound recordings and audiovisual works for personal purposes shall be distributed among the right holders in the following proportion: 40 per cent to the authors, 30 per cent to the performers, 30 per cent to the manufacturers of the sound recordings or audiovisual works. The distribution of the fee among specific authors, performers, manufacturers of sound recordings or audiovisual works shall be made pro rata to the actual use of the relevant sound recordings or audiovisual works. The procedure for distributing the fee and for paying it out shall be established by the Government of the Russian Federation. 4. No amounts of money for the purpose of paying out the fee for the free reproduction/playback of sound recordings and audiovisual works for personal purposes shall be collected from the manufacturers of the equipment and the material media which are deemed a subject matter of exportation, or from the manufacturers and importers of professional equipment not intended for home use. Article 1246. The State Regulation of Relationships in the Area of Intellectual Property 1. In the cases envisaged by the present Code the enactment of normative legal acts for the purpose of regulating relationships in the area of intellectual property which relate to objects of copyright and allied rights is the responsibility of the authorised federal executive governmental body charged with normative legal regulation in the area of copyright and allied rights. 2. In the cases set out in the present Code the enactment of normative legal acts to regulate the relationships in the area of intellectual activity which are inventions, utility models, industrial designs, computer programmes, databases, integrated circuit layout-designs, trademarks and service marks and the appellation of origin of goods is the prerogative of the authorised federal executive governmental body charged with normative legal regulation in the area of intellectual property. 3. The legally-significant actions of state registration of inventions, utility models, industrial designs, computer programmes, databases, integrated circuit layout-designs, trademarks and service marks and the appellation of origin of goods, including the acceptance and expert examination of relevant applications, of the issuance of patents and certificates certifying the exclusive right of their right holders in the said results of intellectual activity and means of individualisation, and in the cases envisaged by a law, also other actions relating to the legal protection of the results of an intellectual activity and means of individualisation shall be committed by the federal executive governmental body charged with intellectual property matters. In the cases envisaged by Articles 1401-1405 of the present Code the actions mentioned in the present item may also be committed by the federal executive governmental bodies authorised by the Government of the Russian Federation. 4. In respect of breeding achievements the functions specified in Items 2 and 3 of the present article shall be carried out by the authorised federal executive governmental body changed with normative legal regulation in the area of agriculture, and the federal executive governmental body charged with breeding achievements respectively. Article 1247. Patent Attorneys 1. Dealings with the federal executive governmental body charged with intellectual property matters may be carried out by an applicant, right holder, or other person concerned on his/its own or through a patent attorney registered with the said federal body or through another representative. 2. Citizens who permanently reside outside the territory of the Russian Federation and foreign legal entities shall carry out their dealings with the federal executive governmental body charged with intellectual property matters through patent attorneys registered with the said federal body, unless otherwise envisaged by an international treaty of the Russian Federation. If an applicant, right holder or another person concerned carries out dealings with the federal executive governmental body charged with intellectual property matters on his/its own or through a representative not being a patent attorney registered with the said federal body, they shall provide an address on the territory of the Russian Federation for correspondence purposes on the request of the said federal body. The powers of a patent attorney or another representative shall be certified by a power of attorney issued by the applicant, right holder or other person concerned. 3. A patent attorney may be a registered citizen of the Russian Federation who permanently resides on the territory thereof. The other requirements applicable to a patent attorney, the procedure for attestation and registration thereof, and also his powers in respect of dealing with cases relating to the legal protection of the results of intellectual activity and means of individualisation shall be established by a law. Article 1248. Disputes Relating to Intellectual Right Protection 1. Disputes relating to the protection of violated or disputed intellectual rights shall be examined and resolved by the court (Item 1 of Article 11). 2. In the cases envisaged by the present code the protection of intellectual rights in relationships that have to do with the filing and examining patent applications for inventions, utility models, industrial designs, breeding achievements, trademarks and service marks and the appellation of origin of goods with the state registration of these results of intellectual activities and means of individualisation, the issuance of the relevant right-establishing documents, the disputing of granting legal protection to, or termination of the legal protection of, these results and means shall be carried out by administrative means (Item 2 of Article 11) by the federal executive governmental body charged with intellectual property matters and the federal executive governmental body charged with breeding achievements, respectively, and in the cases envisaged by Articles 1401-1405 of the present Code, by the federal executive governmental body authorised by the Government of the Russian Federation (Item 2 of Article 1401). Decisions of these bodies shall take effect starting from the date when they are taken. They may be challenged in the court in the procedure established by a law. 3. Rules for the examination and resolution of disputes in the procedure set out in Item 2 of the present article by the federal executive governmental body charged with intellectual property matters and by a patent disputes chamber set up under it, and also the federal executive governmental body charged with breeding achievements shall be established by the federal executive governmental body charged with normative legal regulation in the area of intellectual property, and the federal executive governmental body charged with normative legal regulation in the area of agriculture respectively. The rules for the examination in the procedure set out in Item 2 of the present article of disputes relating to secret inventions shall be established by an authorised body (Item 2 of Article 1401). Article 1249. Patent Fee and Other Fees 1. Relevant patent and other fees shall be charged for the committing of legally-significant actions relating to a patent to an invention, utility model, industrial design or breeding achievement, the state registration of a computer programme, database, integrated circuit layout-design, trademark and service mark, the state registration and granting of the exclusive right to the appellation of origin of goods, and also the state registration of transfer of exclusive rights to other persons and of contracts of disposing of such rights. 2. A list of the legally-significant actions which are related to a computer programme, database and integrated circuit layout-design, and for the committing of which state fees are levied, the rate, procedure and term of payment, and grounds for being relieved from the duty to pay, the state fees, rebate, payment deferment or refund shall be established by the legislation of the Russian Federation on taxes and fees. A list of the other legally-significant actions, apart from those specified in Item 1 of the present article, for the commission of which patent and other fees are charged, the rates thereof, procedure and term for payment, and also grounds for being relieved from the duty to pay fees, rebate, deferment of payment or refund shall be established by the Government of the Russian Federation. Article 1250. The Protection of Intellectual Rights 1. Intellectual rights shall be protected by the remedies envisaged by the present Code, with account taken of the essence of the right violated and of the consequences of the infringement of the right. 2. The remedies set out in the present Code for intellectual rights shall be applicable on the request of right holders, organisations managing rights on a collective basis, and also other persons in the cases established by a law. 3. The lack of fault of an infringer shall neither render him harmless in respect of the duty to stop infringement of intellectual rights nor preclude the imposition of the sanctions on the infringer to protect the rights. For instance, the publication of a court`s decision on an infringement committed (Subitem 5 of Item 1 of Article 1252) and the stopping of the actions infringing on the exclusive right to the result of an intellectual activity or means of individualisation or creating the threat of infringement on the right shall take place irrespective of the infringer`s fault and on the account of the infringer. Article 1251. Protecting Personal Non-Property Rights 1. If the personal non-property rights of an author are violated they shall be protected in particular by means of recognising the right, restoring the status quo as it was before the infringement of the rights, stopping the actions infringing on the right or creating the threat of infringement thereon, compensating for a moral harm and publishing the court`s decision on the infringement committed. 2. The provisions of Item 1 of the present article are also applicable to protection of the rights mentioned in Item 4 of Article 1240, Item 7 of Article 1260, Item 4 of Article 1263, Item 3 of Article 1295, Item 1 of Article 1323, Item 2 of Article 1333 and Subitem 2 of Item 1 of Article 1338 of the present Code. 3. The author`s honour, dignity and business reputation shall be protected in accordance with the rules set out in Article 152 of the present Code. Article 1252. Protecting Exclusive Rights 1. The protection of the exclusive rights in the result of an intellectual activity and means of individualisation shall be, in particular, carried out by means of presenting a claim for: 1) recognition of the right: to a person that denies or otherwise does not recognise the right and by doing so violates the interests of the right holder; 2) stopping the actions that infringe on the right or create the threat of infringement thereon: to a person committing such actions or making the necessary preparations for such actions; 3) payment of damages: to a person that has illegally used the result of intellectual activity or means of individualisation without concluding an agreement with the right holder (use without a contract) or otherwise has violated the right holder`s exclusive right and inflicted a damage thereto; 4) seizure of a material medium in accordance with Item 5 of the present article: to its manufacturer, importer, keeper, carrier, seller, another distributor or non-bona fide acquirer; 5) publication of a court`s decision on the infringement committed with reference to the actual right holder: to a violator of the exclusive right. 2. In the arrangement of provision of a security for a claim in a case of infringement of exclusive rights the material media, equipment and materials which are allegedly involved in an infringement of the exclusive right to the result of an intellectual activity or means of individualisation may be subjected to the security measures established by the procedural legislation, for instance, seizure of material media, equipment and materials. 3. In the cases envisaged in the present Code for certain types of results of intellectual activity or means of individualisation when an exclusive right is infringed upon the right holder is entitled to claim a compensation from the infringer for the infringement of the said right. The compensation shall be collected if the fact of the infringement is proven. In this case, the right holder that has applied for a remedy shall be relieved from the duty to prove the amount of the damage inflicted thereto. The amount of the compensation shall be determined by the court within the limits set by the present Code, depending on the nature of the infringement and of the other circumstances of the case with due regard to the requirements of reasonability and justice. The right holder is entitled to claim compensation from the infringer for each case when the result of the intellectual activity or means of individualisation has been used or for the infringement in its entirety. 4. If the manufacture, distribution or another use, and also the importation, carriage or storage of the material media in which the result of an intellectual activity or means of individualisation is expressed cause an infringement of the exclusive right to the result or means such material media shall be deemed counterfeit and subject under a court`s decision to withdrawal from circulation and destruction without any compensation whatsoever, except as other circumstances are envisaged by the present Code. 5. The equipment, other apparatus and materials primarily used or intended for infringing the exclusive rights in the result of intellectual activity and means of individualisation shall be subject under a court`s decision to withdrawal from circulation and destruction on the infringer`s account, except as their being subject to be converted into a revenue of the Russian Federation. 6. If various means of individualisation (a firm name, trademark, service mark or commercial name) turn out to be identical or similar to a degree of confusion, and as a result of this identity or similarity consumers and/or parties under a contract may be mislead, then preference shall be for the means of individualisation in which the exclusive right came into being earlier. In the procedure established by the present Code the owner of this exclusive right may claim as invalid the granting of legal protection to the trademark (service mark) or claim a full or partial ban on the use of the company name or commercial name. For the purposes of the present item ”partial ban on use” has the following meaning: in respect of a firm name: a ban on the use thereof in certain types of activity; in respect of a commercial name: a ban on the use thereof within a certain territory and/or in specific types of activity. 7. When an infringement of the exclusive right to the result of an intellectual activity or means of individualisation has been recognised in the established procedure to be an unfair competition then the protection of the exclusive right infringed may be ensured both in the manner envisaged by the present Code and in accordance with antimonopoly legislation. Article 1253. The Liabilities of Legal Entities and Individual Entrepreneurs for the Infringement of Exclusive Rights If a legal entity infringes several times or bluntly the exclusive rights in the results of an intellectual activity and means of individualisation, the court may take a decision in accordance with Item 2 of Article 61 of the present Code on liquidating the legal entity on the demand of a prosecutor. If such infringements are committed by a citizen, his activity as an individual entrepreneur may be terminated by a court`s decision or judgement in the procedure established by law. Article 1254. The Details of Protection of a Licensee`s Rights If an infringement by third persons of the exclusive right to the result of intellectual activity or means of individualisation of which the use if covered by an exclusive licence affects the licensee`s rights obtained by the licensee under a licence contract then the licensee apart from other remedies may protect his/its rights by the methods envisaged by Articles 1250, 1252 and 1253 of the present Code. Chapter 70. Copyright Law Article 1255. Copyrights 1. The intellectual rights subsisting in scientific, literary and artistic works are copyrights. 2. The author of a work has the following rights: 1) an exclusive right to the work; 2) the right of attribution; 3) the author`s right to the name; 4) a right to integrity of the work; 5) a right to publish the work. 3. Apart from the rights mentioned in Item 27 of the present article in the cases envisaged by the present Code the author of the work has other rights, including the right to a fee for the use of a service work, the right of withdrawal, the artists resale right, the right of access to artistic works. Article 1256. The Effect of the Exclusive Right in Scientific, Literary and Artistic Works on the Territory of the Russian Federation 1. The exclusive right to scientific, literary and artistic works extends to: 1) the works promulgated on the territory of the Russian Federation or non-promulgated but located in any objective form on the territory of the Russian Federation, and it is recognised to be held by authors (their successors) irrespective of the citizenship thereof; 2) the works promulgated outside the territory of the Russian Federation or non-promulgated but located in any objective form outside of the territory of the Russian Federation, and it is recognised to be held by authors being citizens of the Russian Federation (their successors); 3) the works promulgated outside the territory of the Russian Federation or non-promulgated but located in any objective form outside the territory of the Russian Federation, and it is recognised on the territory of the Russian Federation to be held by authors (their successors) being citizens of other states or stateless persons in accordance with international treaties of the Russian Federation. 2. A work is also deemed promulgated for the first time by publication in the Russian Federation is within 30 days after the date of the first publication outside the territory of the Russian Federation it is published on the territory of the Russian Federation. 3. When in accordance with international treaties of the Russian Federation protection is provided to a work on the territory of the Russian Federation, the author of the work or another initial right holder shall be determined by the law of the state on whose territory the legal fact serving as a ground for the acquisition of copyright has taken place. 4. On the territory of the Russian Federation protection shall be granted to works in accordance with international treaties of the Russian Federation in respect of the works which have not passed into the public domain in the country of origin of the work due to the expiry of the exclusive right`s duration established in that country for these works, and which have not passed into the public domain in the Russian Federation due to the expiry of the effective term of exclusive right thereto envisaged by the present Code. When protection is granted to works under international treaties of the Russian Federation the effective term of the right to these works on the territory of the Russian Federation shall not exceed the effective term of the exclusive right established in the country of origin of the works. Article 1257. The Author of a Work The author of a scientific, literary or artistic work is the citizen by whose creative work it has been created. The person indicated as an author on the original or a copy of a work shall be deemed its author, except as otherwise proven. Article 1258. Co-Authorship 1. Citizens who have created a work by their joint creative work shall be deemed co-authors irrespective of this work`s being an integral entity or being composed of parts each having an independent significance. 2. A work created through co-authorship shall be used by the coauthors jointly, except as otherwise envisaged by agreement between them. If the work is an integral entity, neither of the co-authors is entitled to ban the use of the work without a sufficiently good reason. A work`s part that cannot be used independently of other parts, i.e. a part having independent significance, may be used by its author at his own discretion, except as otherwise envisaged by agreement among the co-authors. 3. The co-authors` relationships relating to the distribution of incomes from the use of the work and to the disposition of the exclusive right to the work are subject to the rules of Item 3 of Article 1229 of the present Code respectively. 4. Each of the co-authors is entitled to take measures on his own to protect his rights, in particular, when the work created by the coauthors makes up an integral entity. Article 1259. The Objects of Copyrights 1. The objects of copyright are scientific, literary and artistic works, irrespective of the merit and significance of the work or the method whereby it is expressed: literary works; dramatic and dramatic-musical works, script works; choreographic works and dumb shows; musical works with or without a text; audiovisual works; painting, sculpture, graphic, design, graphic stories, comics and other works of the arts; artistic craftsmanship and scenographic works; works of architecture, city planning and landscaping, including designs, drawings, images and models; photographic works and works produced by methods similar to photography; geographic, geological and other maps, layouts, sketches and plastic works that have to do with geography, topography and other sciences; other works. Also computer programmes protected as literary works are deemed objects of copyright. 2. The following shall be deemed objects of copyright: 1) derivative works, i.e. works being a remake of other works; 2) composite works, i.e. works being the result of a creative work in terms of selection or arrangement of materials. 3. Copyright extend both to promulgated and non-promulgated works expressed in any objective form, including a written or oral forms (in the form of a public pronouncement, public performance and in another similar form), in the form of an image, in the form of a sound or video recording or in a three-dimension spatial form. 4. The occurrence, exercising and protection of copyright require neither registration of the work nor observation of any formalities. In respect of computer programmes and databases, registration is possible which takes place if the right holder so wishes in accordance with the rules of Article 1262 of the present Code. 5. Copyrights do not extend to ideas, concepts, principles, methods, processes, systems, manners or the resolution of technical, organisational or other problems, inventions, facts, programming languages. 6. The following is not objects of copyright: 1) the official documents of state bodies and the local self-government bodies of municipal formations, including laws, other normative acts, courts` decisions, other materials of legislative, administrative and judicial nature, the official documents of international, and also the official translations thereof; 2) state symbols and signs (flags, coats-of-arms, orders, banknotes and coins etc.) and also the symbols and signs of municipal formations; 3) popular creative works (folklore) having no specific authors; 4) announcements about events and facts which have an exclusively informative nature (news-of-the-day announcements, television programme timetables, transport timetables etc.). 7. Copyright extends to a part of a work, to the name of a work, a character in a work if by the nature thereof they may be deemed an independent result of the author`s creative work and meet the requirements set out in Item 3 of the present article. Article 1260. Translations and Other Translated Works. Composite Works 1. The translator and also the author of another derivative work (remake, screen version, arrangement, dramatisation or another similar work) own copyrights in the translation and the other processing of another (original) work respectively. 2. The compiler of a collection and the author of another composite work (anthology, encyclopaedia, database, atlas or another similar work) shall own copyrights in the selection or arrangement of materials (compilation). A database is an aggregate, presented in an objective form, of independent materials (articles, calculations, normative acts, court decisions and other similar materials) which are systematised so that these materials can be found and proce
Тэги (ключевые слова): law, copyright, trademark, patent, commercial name, company name, civil code of russian federation
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