The criteria of copyrightability used in Russian judicial practice
AbstractThis article addresses the problem of identifying criteria for copyrightability and non-copyrightability in the Russian legal system, especially in judicial practice. An analysis of court rulings issued over the past few years warrant the conclusion that there is a trend towards setting looser standards of originality and creativity. The article also describes a trend in Russian judicial practice to grant copyright protection to works of low authorship and goes into problems and contradictions that this entails. It compares principles that evolved in Russian law with similar principles used abroad, mainly in Germany.
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Bibliographic InfoPaper provided by National Research University Higher School of Economics in its series HSE Working papers with number WP BRP 30/LAW/2014.
Length: 20 pages
Date of creation: 2014
Date of revision:
Publication status: Published in WP BRP Series: Law / LAW, January 2014, pages 1-20
copyright; intellectual property; intellectual rights; personal non-property rights; exclusive rights; copyrightable work; copyrightability; works of low authorship; originality; creativity;
Find related papers by JEL classification:
- O34 - Economic Development, Technological Change, and Growth - - Technological Change; Research and Development; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital
This paper has been announced in the following NEP Reports:
- NEP-ALL-2014-02-02 (All new papers)
- NEP-CIS-2014-02-02 (Confederation of Independent States)
- NEP-IPR-2014-02-02 (Intellectual Property Rights)
- NEP-LAW-2014-02-02 (Law & Economics)
- NEP-TRA-2014-02-02 (Transition Economics)
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