Liability for indirect violations of intellectual copyrights

Abstract

This article discusses the key conditions of liability of information intermediaries for violations of intellectual property rights. The presentation of the terms is accompanied not only by an analysis of judicial practice and legislative provisions, but also by a study of doctrinal views on the division of copyright and patent infringements into direct and indirect. Such a division of violations is uncharacteristic for the domestic legal consciousness, mainly the signs of this concept are found in the legislation of common law countries (UK, USA). However, it is possible to find similar features in Russian legislation, namely, in art. 1253.1 of the Civil Code of the Russian Federation “Specifics of the responsibility of an information intermediary”. The author explains how to distinguish an information intermediary from a user so that the information intermediary can prove his innocence. What actions can he use to do this? What can be considered necessary and sufficient measures to stop the infringement of intellectual property rights? The article also focuses on the model of civil liability of the information intermediary in order to facilitate understanding of the problem of independent responsibility of the information intermediary in relation to the responsibility of the direct user, or they will be jointly responsible for the violation of intellectual rights.

References

1. Pavlova, E.A. (Ed.). (2018). Commentary on Part Four of the Civil Code of the Russian Federation (article by article). Moscow (in Russ.).
2. Kuzmina, A.S. (2020). Blocking websites for copyright infringement in Russia: an overview of the main problems of applying the anti-piracy law. Journal of the Intellectual Property Court, 2 (28), pp. 75–83 (in Russ.).
3. Morgunova, E.A. (2016). Information intermediary in civil disputes on copyright protection. Intellectual property. Copyright and related rights, 1, pp. 5–12 (in Russ.).
4. Bently, L. and Sherman, B. (2009). Intellectual Property Law. London.