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The document ceased to be valid according to Item 180 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of April 23, 2019 No. 10

RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of June 19, 2006 No. 15

About the questions which arose at courts by consideration of the civil cases connected using the legislation on copyright and the related rights

According to part 1 of article 44 of the Constitution of the Russian Federation freedom literary, art, scientific, technical and other types of creativity is guaranteed to everyone. The intellectual property is protected by the law.

Observance of rules in the field of intellectual property is one of the main indicators of development of society. The copyright laws adopted from 1992 to 2004 and the related rights promoted that works of science, literatures and arts, and also objects of the related rights became profitable objects of civil circulation. At the same time the legislation determines balance of the rights of authors and interests of society, in particular, in the field of education, scientific research and information access.

At the same time wide use of results of creative activities is followed by negative effects which are burning issue in connection with the high level of illegal use of these results now. One of the most widespread offenses in the field of copyright and the related rights is reproduction of counterfeit copies of works, and also soundtracks and their illegal realization. The increasing threat to owners is posed by illegal placement of works and soundtracks in telecommunication networks, in particular, on the Internet and network of cellular communication.

Objects of copyright and (or) the related rights cannot make for owners profit, and to the state taxes if they are not provided with special legal protection from state bodies.

With respect thereto protection of intellectual property which component are copyright and the related rights belongs to one of important tasks in activity of the courts of the general jurisdiction. Special role in it is played by law-enforcement practice which is the real mechanism of protection of these rights.

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