of April 26, 2007 No. 14
About practice of consideration by courts of criminal cases about violation of author's, related, inventive and patent laws, and also about illegal use of the trademark
Due to the questions which arose in court practice by consideration of criminal cases about violation of author's, related, inventive and patent laws and also of illegal use of the trademark (Article 146, of 147, 180 Criminal Code of the Russian Federation), the Plenum of the Supreme Court of the Russian Federation decides to make to courts the following explanations:
1. In case of the solution of question of guilt of person in crime execution, the stipulated in Article 146 Criminal Code of the Russian Federation, the court should determine the fact of violation by this face of author's or allied rights and to specify in sentence what right of the author or other owner protected by what provision of the law of the Russian Federation was broken as a result of crime execution.
At the same time courts should consider that in addition to the author of the work (physical person which creative activity creates the work) or owners of the related rights (contractors, producers of soundtracks, the organizations of on-air and cable broadcasting) by the victims for criminal cases about crimes, the stipulated in Article 146 Criminal Code of the Russian Federation, other persons can be (both physical, and legal) to which copyright or the related rights belong based on the law, devolve or under the agreement.
2. By consideration of criminal cases about violation of copyright and related rights courts should consider that copyright extends both on promulgated, and to the unpublished works of science, literature and art which are result of creative activities and existing in any objective form (written, oral, zvuko-or videos, graphic, volume and space).
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