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.
Authors
- Dmitry A. Lepeshin
- Petr Igorevich Petkilev (ORCID: https://orcid.org/0000-0001-9569-6706)
- Оleg А. Yastrebov (ORCID: https://orcid.org/0000-0003-4943-6940)
Institutions
- Peoples' Friendship University of Russia (RU)
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