!
.

CONTENTS

INTRODUCTION..
SECTION 1. GENERAL PROVISIONS OF COPYRIGHT PROTECTION IN RUSSIA AND CHINA....
1.1. Legislation of copyright protection in Russia and China.
1.2. Organizational structure of copyright protection in Russia and China
SECTION 2. LIABILITY FOR DISREGARD OF THE LEGISLATION FOR COPYRIGHT PROTECTION AND DIRECTIONS TO IMPROVE COPYRIGHT SUBJECT IN RUSSIA AND CHINA
2.1. Criminal legal characteristics of regulations intended to protect copyright................
2.2. Liability for violation of the law in sphere of copyright....................
2.3. Theoretic-practical analysis of legal problems with regard to copyright protection in Russia and China
2.4 Development potential of legislation in sphere of copyright protection in Russia and China.
CONCLUSION..
LIST OF REFERENCES















INTRODUCTION
Relevance of the study
Nowadays, questions related to development of legislation for copyright protection acquire increasing actuality. Moving towards market relations, establishment of universal human values, strengthening of human rights and interests, appearance of new forms in economic and social relations, unsettled by law these all are main social factors contributing to development of copyright protection legislation.
On the background of Russia integration into world community, globalization and political events, happening in country overall, the comparison of legislative provisions in different countries has special relevance as this is aiming at removing the gaps in national legislation, improvement in its separate provisions basing upon existing positive practices of applying various legal regulations abroad. In this study, there is demonstrated analysis of regulations in copyrights protection legislation in Russia and China.
Study objectis represented by social relations appearing while disregard of copyright protection legislation.
Study subjectis laws and regulations, doctrinal statements and case materials according to subject of research.
Goal of studyis universal analysis of legislation provisions for copyright protection in Russia and China.
There are placed the following tasksto reach the goal of study:
to review normative acts, made in Russia and changed for purpose of copyright protection;
to study the types of legal copyright protection in Russia and China;
to mention the functions of state authorities responsible for respecting copyright;






to analyze unauthorized use of copyright, as well as measures taken to struggle against unlawful use of copyright in Russia and China.
Theoretic base of studyis demonstrated by Russian scientists-legal theorists such as S.G. Bogackaya, Y.F.Vaczkovskij, .. Zharova, S.V. Zimneva, A.D. Kirillov, A.V. Kozlova, I.K. Kuzmina, E.A. Morgunova, P.N. Panchenko, D.D. Skrebets. In China, this problem was studied by legal theorists, professors Ding Showfei, Wu Handong, Lee Yoming, Zhan Naigen, Zhou Yanming.
Scientific novelty of study consists in the fact that this presented work is the first one to conduct the comprehensive review of legislation related to copyright protection on Russia and China. By means of studying this given institute in Russia and China, and also peculiarities of regulations in this field of social relations, another more actual right problems become revealed as well as the possible ways to solve them appear.
Theoretical and practical relevance of the researchis expressedin perspective to use received results in law-making activity and also in the function of methodological work for educational process and scientific research.
Structure of study comprises introduction, two sections, conclusion and list of references.
























SECTION 1. GENERAL PROVISIONS OF COPYRIGHT PROTECTION IN RUSSIA AND CHINA
  • Legislation of copyright protection in Russia and China



The main federal law, regulating questions of copyright protection in Russia is clause IV in Civil Code of Russian Federation. This Law came into force starting from 1st January 2008 and annulled all previously acting laws about copyright. Simultaneously, the Law is regulating institutes of copyright, related rights, right of patent and other types of intellectual property rights, and also establishing ways of protecting these rights. In accordance with this Law, all objects of intellectual property include objects of copyright, related right and objects of industrial property.
As follows from article 1259 in Civil Code of Russian Federation, the objects of copyright stand for works of science, literature, art irrespective of the way this work is expressed, its purpose and value, herein also programs for electronic computers are included and defended as literature works. This list is open.
For the purpose of ensuring general universal regime of copyright protection not only within one country but also at international stage, Russia as successor of USSR joined Universal Copyright Convention. In the context of copyright Russian Federation is also participating in Berne Convention for the Protection of Literary and Artistic Works adopted in 1886. In context of related rights Russia is taking part in Geneva Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms adopted in 1971.
On territory of Russia there is Convention in force, which constitutes intergovernmental organization, the one of specialized institutions related to UN system, and namely World Intellectual Property Organisation (WIPO). Convention, establishing WIPO, was signed on 14 July 1967 in Stockholm, changed on 2 October 1979 and ratified by USSR in 1968.

Due to Russian Federation entry into World Trade Organization (WTO), Agreement on Trade-Related Aspects of Intellectual Property Rights (Agreement TRIPS) was signed. Joining process to WTO as independent state started in 1993 and lasted practically for 20 years. Russian Federation finally entered into WTO in 2012, and, consequently became participant of TRIPS. Such long-term adjoining is evidence of hard efforts to achieve maximum favorable conditions of membership for Russia.
The serious barrier on way of membership of Russia in WTO was coordination of access policy for foreign goods incoming to Russian market. Upon completion of transition period reduction of import duty for medicines, medical equipment and consumer electronics will happen. After becoming a member of WTO Russia signed 30 bilateral agreements for access of foreign services sector to Russian market and 57 bilateral agreements for access of goods.
As result of simplifications in customs formalities, in connection to Russia membership in WTO, protection of copyright takes on particular importance. In Russia at demand of right holder appears opportunity to block websites, containing unlicensed content. Attempts to promote petition requesting cancellation of above-mentioned law met with failure. Positive experience of European Union and USA in struggle with illegal placement of content was taken over in Russia too. Nowadays, even unintended placement of illegal content with receipt of profit by the party leads towards liability. Decision to liquidate legal body is possible through legal action, if the law was repeatedly rudely violated.
Copyright in China got legislative settlement relatively not long ago, although its development was happening at extremely fast pace.






Chinese legal theorist Ding Showfei connects introduction of intellectual rights with globalization, development of foreign and internal trade, international relations, scientific progress and economic development in general.
In China acknowledgment of copyright at legislative level started from moment of China inclusion into number of international conventions and agreements in this sphere. From 1980 (in 12 years later than USSR) China became the member of World Intellectual Property Organization (WIPO), which is one of specialized institutions of UN.
On 19 March 1985 China joined to Paris Convention for the Protection of Industrial Property(in 20 years after USSR joined this convention), adopted in Brussels in 1883. Paris Convention for the Protection of Industrial Property is the firstfoundational Convention, regulating international regime for industrial property protection. For the first time Convention fixed the principle of convention priority. This principle says that the party or legal successor of party, who made application for invention, utility model, trademark, industrial pattern or patent, they use the right of priority with respect to making application in other countries, specifically, patents for inventions and utility models 12 months, for trademarks and industrial patterns 6 months. Validity period starts from date of first application, moreover, the party who made application for patent first, will get it. Convention priority guarantees the novelty of application abroad during complete grace period.
In 1989 Peoples Republic of China got into Madrid system, and became one of parties of Madrid Agreement Concerning the International Registration of Marks, and this gave opportunity to protect mark in many countries by means of international registratio...