Some Problematic Issues of Judicial Protection of Copyright and Related Rights Violated in the Information and Telecommunications Network

Abstract

Russian legislation provides for measures of civil protection of infringed intellectual property rights. Protection measures include, for example, restricting access or deleting materials that are used in information and telecommunication networks, including the Internet, if such use violates copyright or related rights. During the period of application of the legislation concerning the protection of copyright and related rights violated in information and telecommunication networks, certain judicial practice has already been formed and certain approaches have been developed. But the introduction of new technologies, the use of new services in information and telecommunication networks creates new uncertainties. The purpose of this article is to identify problematic aspects that require not only additional theoretical research, but also, possibly, changes in legislation. Based on the analysis of the legislation on intellectual property and information protection, as well as judicial practice, some problematic issues have been identified that arise in judicial consideration of cases related to copyright and related rights infringement. Problematic issues include, in particular, the use without the permission of the copyright holder of copyright and related rights objects placed in cloud services, indication in judicial decisions of the domain name of the website or other network resource, the possibility of an unlimited ban on placement on a certain website or other network resource of the object copyright and related rights.