Abstract
The article analyzes international and Russian law statutes and court practice about legal protection of copyright. The main legacy problems of copyright protection including modern approaches are noted. The main types of types of violations in practice and forms of protection are shown. The article also deal with problems of application of the copyright law based on the analysis of judicial practice of the state arbitration courts of the Russian Federation. Compensation in money terms is specially attended. There is a conclusion about the need for balance between private and public interests in copyright protection. DOI: 10.5901/mjss.2014.v5n24p471
Highlights
It is well known that any system of legal protection will not be sufficiently effective without the ability to protect the violated rights
One of the experts in this field Peter Maggs Professor of the University of Illinois argues that «in the twenty-first century the accent will shift from drawing international treaties and national systems for the protection of intellectual property rights just on paper to the establishment of effective enforcement of the protection of intellectual property»[1]
There is the requirement of necessity that the state ensure effective protection measures in case of intellectual property rights infringement under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement [3] and in other international treaties, such as Universal Copyright Convention [4] and World Intellectual Property Organization Copyright Treaty [5]
Summary
It is well known that any system of legal protection will not be sufficiently effective without the ability to protect the violated rights. There is the requirement of necessity that the state ensure effective protection measures in case of intellectual property rights infringement under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement [3] and in other international treaties, such as Universal Copyright Convention [4] and World Intellectual Property Organization Copyright Treaty [5]. This is especially pertinent in connection with the entry of the Russian Federation into the World Trade Organization. More than half of these cases involved copyright protection and related rights: 2,074 cases in 2011 and 2,192 cases in 2012 [9]
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