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

of July 18, 2014 No. 51

About some questions arising by consideration of disputes with participation of the organizations exercising collective control of copyright and related rights

Due to the questions arising by consideration of disputes with participation of the organizations exercising collective control of copyright and related rights and for the purpose of ensuring uniform approaches to their permission the Plenum of the Supreme Arbitration Court of the Russian Federation based on article 13 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation" decides to give to Arbitration Courts (further - courts) the following explanations.

1. Owing to Item 5 of Article 1242 of the Civil code of the Russian Federation (further - the Civil Code of the Russian Federation) the organizations for management of the rights on collective basis have the right on behalf of owners or on its own behalf to impose requirements in court, and also to make other legal acts necessary for protection of the rights transferred by it to the control on collective basis.

At the same time according to Item 2 of article 1250 Civil Code of the Russian Federation the methods of protection of the intellectual rights provided by the Code can be applied upon the demand of owners, the organizations for management of the rights on collective basis, and also other persons in the cases established by the law.

In sense of Item 1 of article 1242 Civil Code of the Russian Federation the specified organizations act for the benefit of owners.

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