Путеводитель предпринимателя (Jan 2020)
To a question on definition of the size of a damage in the crimes breaking copyright and related rights
Abstract
The Russian Federation, being a democratic state, its legislation provides for the protection of rights to results of intellectual activity. The institute for the protection of such rights was formed and mainly developed in the framework of the civil law. Unfortunately, copyright and related rights need not only in civil law, but also in the criminal-legal protection, which, for some criteria, is more effective. In addition, the restoration of infringed copyright and related rights is not always possible only through the implementation of the norms of the civil legislation. Analysis of statistical data MIAC MINISTRY of internal affairs of Russia testifies to the fact that the crimes in the form of violations of copyright and related rights since 2000are calculated by the thousands, and the rate of their growth rate is constantly increasing. At present, with the qualification ofthe crimes in question in enforcement is allowed a lot of bugs, which is caused by necessity ofdevelopment of new and improvement of existing recommendations on the qualification ofthe offences, as well as improvement of the norms ofthe criminal legislation.
