Judicial Protection of Copyright and Related Rights in the Context of Technological Changes

Abstract

The use of digital technologies changes the objects of copyright and related rights, creates conditions for the emergence of new subjects that promote the use of the results of intellectual activity in information and telecommunication networks, and new forms of interaction between copyright holders and users. Such changes require not only the timely adaptation of legislative acts regulating relations in the digital environment, but also the development of uniform approaches in law enforcement practice. Despite the difficult epidemiological situation around the world, in the context of digital transformation, which affects, among other things, judicial activities, the interest of copyright holders in protecting their copyright and related rights continues to grow, and as a result, the number of cases considered by courts on violations of copyright and related rights is increasing. The analysis of Russian legislation in the field of intellectual property and judicial acts that relate to the civil protection of infringed copyright and related rights, carried out in the article, is aimed at identifying problematic aspects of law enforcement in the context of technological changes. When writing the article, in particular, the methods of analysis and synthesis, abstraction and induction, as well as other doctrinal and general scientific methods, were used. The article focuses on the issues of civil law protection of copyright and related rights violated, including when used in information and telecommunication networks. Separate methods of civil law protection are considered, including requirements for recognition of rights, suppression of actions that violate copyright and related rights, as well as publication of court decisions on the violation. The expediency of generalizing judicial practice in cases of violations of copyright and related rights in information and telecommunication networks, including with regard to the application of preliminary interim measures of protection, is noted.