Shakhnazarov, B.A. Modernization of the copyright law in the Russian Federation within the framework of the WTO membership conditions

Abstract: This article is devoted to the development of the Russian copyright law, and to the amendments to the Part 4 of the Civil Code of the Russian Federation within the framework of negotiations on the Russian membership in the WTO, as well as to the obligations of the Russian Federation to amend its legislation on the issues of copyright and allied rights, as well as the rights for the industrial property. The author notes the important vector of the TRIPS Agreement, as an inalienable part of the packet of the WTO treaties. The author comes to the conclusion that the provisions of the TRIPS Agreement should be applied directly, including the cases when the state uptakes an obligation to adapt it into the national legislation The article includes detailed analysis of the issues, which were objects for the discussion of the working group regarding membership of Russia in the WTO and the position of the representatives of Russia. The problems of correlation of the Russian legislation with the TRIPS Agreement provision touch upon the issues of exclusive rights, specific features of property rights to some copyright objects, as well as to the closed information, which is protected in case of sale and registration of the pharmaceutical and agro-chemical projects.

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