The emergence of related rights: the retroactive aspect

The article is devoted to the issues of the emergence of related rights through the prism of the retroactive aspect. The work uses historical, comparative legal and formal legal methods. Based on the analysis of the legislation of the USSR and current judicial practice, it was revealed that in relation to related rights, the axiom “the law has no retroactive effect” is valid without any exceptions. Related rights to the relevant results of intellectual activity could arise only after the amendments made to civil legislation in 1991. The problem of protecting authors and copyright holders of related rights in the event of the emergence of a new information and telecommunications network is identified, and options for its resolution are proposed.

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Publication Details

Journal
Gosudarstvo i pravo
Published
2024-11-19
DOI
https://doi.org/10.31857/s1026945224090113
Primary Topic
Digital Transformation in Law
Type
article
Field-Weighted Citation Impact
0.00
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article

The emergence of related rights: the retroactive aspect

Dmitry A. Lepeshin, Petr Igorevich Petkilev, Оleg А. Yastrebov
Gosudarstvo i pravo
Digital Transformation in Law
article

The emergence of related rights: the retroactive aspect

Dmitry A. Lepeshin, Petr Igorevich Petkilev, Оleg А. Yastrebov
article en

Abstract

The article is devoted to the issues of the emergence of related rights through the prism of the retroactive aspect. The work uses historical, comparative legal and formal legal methods. Based on the analysis of the legislation of the USSR and current judicial practice, it was revealed that in relation to related rights, the axiom “the law has no retroactive effect” is valid without any exceptions. Related rights to the relevant results of intellectual activity could arise only after the amendments made to civil legislation in 1991. The problem of protecting authors and copyright holders of related rights in the event of the emergence of a new information and telecommunications network is identified, and options for its resolution are proposed.

Gosudarstvo i pravo(9)
Peoples' Friendship University of Russia (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 63%
Digital Transformation in Law
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