Being a rare case in the law-enforcement practice of the Russian Federation, court examination of the case against an individual entrepreneur accused of violating copyright laws came to an end not only with the conviction, but also with the termination of the private business.
The precedent case was found by the regional court of Krasnodar satisfying the claim of Microsoft, Corel, Adobe, Autodesk, and 1C rightholders on the infringement of their copyrights by private entrepreneur Andrei Chebotarev. According to the termination charges, the defendant was engaged in selling a large number of counterfeit software of the indicated rightholders.
Since the year 2008 Russia's Civil Code is supplemented by the Article 1253 providing for the liquidation of any business engaged in repeated or gross violation of copyright laws, however in practice this clause of the Civil Code is being put into action, perhaps, for the second time at most.
It is known that last year in summer Andrei Chebotarev was sentenced to 3 years and 2 months of conditional imprisonment (probation period for 4 months more) and a fine of 350 thousand rubles imposed by the verdict of Tahtamukayski regional court of the republic of Adygea. He was charged with illegal distribution of counterfeit software and pornography disks causing a combined damage of over 7.7 million rubles. The subsequent charge occurred In November 2012, when the prosecutor of Kuban administrative district of Krasnodar filed an additional claim on terminating the activity of PE Andrei Chebotarev.
Rospatent recognized the name of one of the largest Russian bank - VTB and abbreviation KVN as generally known trademarks.
The owners showed various proofs for confirming the popularity of the given brands. “VTB Bank” PLC presented evidence from TNS (international research group) regarding the advertising expenditures in the amount of 996 million rubles, and the “AMiK Creative Television Association” LLC (KVN owner) submitted reference from the “First channel”, disks with records and TNS ratings.
According to the current legislation there is no need to register the recognized well known trademark for all classes of goods and services. It is sufficient to prove the fact that the exploitation of the given trademark by a third party is associated exceptionally with the rightholder and, thus it may infringe upon the rights of the latter.
Activists from Russia's unregistered Pirate Party launched a specialized web hosting service, Piratehost.net featuring pre-moderation of users and the launch of register. New hosting site will block visitors from IP addresses belonging to government agencies and other state bodies.
The provocation behind the project is evident even for an unprofessional eye, since the access to the resource is blocked for civil servants only with regard to their work computers. Moreover, the pirate party offers employees of the state agencies to report on their employers by means of a special link available on the portal, which is received to user’s email. This link could serve to communicate the IP addresses of the given governmental institutions, which will afterwards fill up the register of the blocked addresses.The pirate hosting allows its users to get a dedicated server or a virtual VPS/VDS server. The service also reportedly includes legal support against copyright claims and if the need arises, protection against DDOS attacks or other hacker activities. The hosting is a paid service with an as-yet-unannounced price structure. All revenues are claimed to be used for Pirate Party fundraising.