Copyright Regulation in Russia: Rejection of Classical Theories or Legislative Mistakes?

Abstract

<span style="mso-ansi-language:EN-US" lang="EN-US">Since 2008 standards determining the relationships in the field of intellectual property have completely been integrated into the Civil Code in the Russian Federation. This intellectual property law codification has introduced some principal changes into the regulation of key institutes, one of which is copyright law. This article presents critical analysis of the Russian copyright regulation from the perspective of its correlation with the international law standards and traditional copyright legal theories. Comparative legal, historic and formal dogmatic methods are used in the analysis. The correlation between a Russian notion ‘intellectual property’ and related international standards is discussed in the article. A new category ‘intellectual rights’ for the Russian law is characterized. Correlation between exclusive and author’s moral rights is analysed and the drawbacks in the regulation of these author’s rights are revealed in the paper. In the author’s opinion, Russian rights model to the integrity of the work does not comply with the Article 6bis of the Berne Convention for the Protection of Literary and Artistic Works.

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