On May 1, 2015, important amendments to Russian anti-piracy
law1 came into effect. These amendments broaden the
scope of the law to protect all copyrighted content (with the
exception of photographs), and introduce simplified steps to take
down websites containing pirated content.
Background on Russia's anti-piracy law
Following pressure from Russian and international media
companies, the Russian government introduced its anti-piracy law on
August 1, 2013.
The law initially provided copyright protection solely to movies
uploaded on data and telecom networks — including the
Internet — by blocking websites offering access to pirated
On November 24, 2014, further amendments to the anti-piracy law
were introduced to provide stronger copyright protection. These
amendments cover all copyrighted content, aside from photographs,
and prescribe the preliminary injunction procedures against
infringing websites in more detail.
Faster, clearer injunction procedures now available
Starting on May 1, 2015, copyright
and neighbouring rights-holders can file for a preliminary
injunction with Moscow City Court against the website owner under
the anti-piracy law. All court-issued injunctions are available on
the Moscow City Court website.
If an injunction is granted, the
rights-holder may file an application with
Roskomnadzor,2 the federal ministry in charge, to
restrict access to informational resources that distribute
Within three working days of
Roskomnazor's receipt of the application, the ministry will
send a notification in Russian and English to the telecom operator
providing hosting services to the infringing website.
Within one business
day, the hosting service provider must inform the website
owner of their obligation to remove or restrict access to pirated
Within one business
day from the date of receipt of the notification, the
website owner must remove the infringing materials.
In case of non-compliance,
the website will be blocked by the hosting service
The law also provides sanctions for repeated violations by
allowing for the website owner to be blocked permanently.
Infringement will be considered to be "repeated" if there
is an effective prior decision of Moscow City Court against the
same website owner at the request of the same rights-holder.
Out-of-court measures now available to copyright holders
The new law also enables rights-holders to send take-down
notices directly to the website owner — without having to go
to court. Within 24 hours of receiving the notice, the website
owner must either:
Remove infringing content
Request additional information
Provide proof that the website owner
is authorized to use the allegedly infringing content
As of May 1, website owners must list their contact information
on their website. This information includes their name, postal
address and email address.
Digital fingerprinting: A potential tool to track
On March 20, 2015, the Russian Ministry of Communications and
Media announced plans to create a registry of intellectual property
rights-holders. On a voluntary basis, rights holders will be able
to add their works to the registry, with the goal of creating an
online piracy-monitoring system through of the use of digital
Digital fingerprinting is a relatively new technology based on
content-recognition software that identifies and compares digital
video data. For example, YouTube successfully implemented its
Content ID digital fingerprinting system in 2007. The system scans
all videos uploaded on YouTube and compares the videos with a
database of files submitted to them by content owners.
The introduction of digital fingerprinting is expected to
greatly enhance the Russian copyright enforcement system, as
Russian law does not provide obligatory copyright registration
— which can make the process of proving authorship more
However, it is still unclear how digital fingerprinting will
determine the status of tracked material. Whether the software will
be able to identify the material as within fair use remains to be
Contributions to this article were also made by Meldir
Erbulekova, a Gowlings student-at-law in Moscow.
1. Federal law No. 187-FZ, "On Amendments to Certain
Legislative Acts of the Russian Federation Concerning the
Protection of Intellectual Property Rights in Data and Telecom
2. Roskomnadzor is a Russian Federal Service with
supervision over communications, information technology, and mass
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The prospect of an internal investigation raises many thorny issues. This presentation will canvass some of the potential triggering events, and discuss how to structure an investigation, retain forensic assistance and manage the inevitable ethical issues that will arise.
From the boardroom to the shop floor, effective organizations recognize the value of having a diverse workplace. This presentation will explore effective strategies to promote diversity, defeat bias and encourage a broader community outlook.
Staying local but going global presents its challenges. Gowling WLG lawyers offer an international roundtable on doing business in the U.K., France, Germany, China and Russia. This three-hour session will videoconference in lawyers from around the world to discuss business and intellectual property hurdles.
On 8 September 2016 (C-160/15), the CJEU ruled that the posting of a hyperlink to copyright-protected works located on another website does not constitute copyright infringement when the link poster does not seek financial gain.
The chapter on the UK summarises the IP court and litigation system in the UK, recent developments in relation to IP law and practice, the forms and availability of IP protection and trends and outlook in the IP sphere.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).