Arbitrability of copyright infringement disputes | Practical Law

Arbitrability of copyright infringement disputes | Practical Law

Maxim Kulkov (Partner), Goltsblat BLP

Arbitrability of copyright infringement disputes

Practical Law Legal Update 6-387-4915 (Approx. 2 pages)

Arbitrability of copyright infringement disputes

Published on 12 Aug 2009Russian Federation
Maxim Kulkov (Partner), Goltsblat BLP
On 30 June 2009, the Moscow Arbitration Court enforced an SCC arbitral award regarding a copyright infringement. The case is particularly noteworthy as it is the first time a Russian court judgment has reflected on the issue of arbitrability of copyright infringement disputes.
On 30 June 2009, the Moscow Arbitration Court (a first level Russian court) recognised and enforced the SCC award in Erick van Egeraat Associated Architects B.V. (Netherlands) v Capital Croup LLC (Russia), No V 087/2006 .
The arbitral tribunal ordered Capital Group LLC to pay Erick van Egeraat Associated Architects B.V. their architect fees and damages caused by unlawful termination of the contract, and ordered them to stop further infringement of the architect's copyright and to compensate for losses due to such infringement.
It is particularly noteworthy that this is the first time a Russian court judgment has reflected on the issue of arbitrability of copyright infringement disputes. Some commentators argue that certain IP enforcement disputes cannot be subject to arbitration due to the public nature of IP rights. However, the court adopted a different view, noting that it is not mandatory to register copyrights in Russia, and the Russian Federation Arbitration Procedural Code does not list copyright disputes among non-arbitrable matters.