Interim Measures in Civil Cases of Copyright Infringement

The work is devoted to the analysis of the institution of interim measures in civil cases of copyright infringement. The purpose of the study is to analyze the nature of the institution of interim measures, in general, with subsequent extrapolation to cases of copyright infringement. The structure of the work consists of an introduction, conclusion, list of references and two chapters. The first chapter is devoted to the study of the essence of the institution of interim measures, the second - the procedure for applying interim measures in civil proceedings in cases of copyright infringement. The first chapter examines the concept and history of the institution, the purpose and grounds for taking interim measures, as well as their types. According to the author, the lack of a legal definition of interim measures in the Civil Procedural Code is a significant drawback in the regulation of this institution. The legal literature on this topic suggests many approaches to definition that need to be taken into account in order to improve existing mechanisms for regulating enforcement of claims. The historical development of this institution testifies to its gradual development. The peak of this development, according to the author, falls on the Charter of civil procedure in 1864, which developed in the most detail the entire process of securing a claim, from filing an application to execution. Later, with the coming to power of the Communist party, the regulation of this institution was significantly reduced, and this approach was inherited by the Russian Federation in its CPC. The second Chapter deals with such issues as ways to ensure the rights and legitimate interests of participants in civil proceedings when applying interim measures in cases of copyright infringement, the General procedure for taking interim measures by the court in cases of copyright infringement, the procedure for taking preliminary interim measures, as well as appeals against judicial acts on the adoption of interim measures, their cancellation and replacement. The author pays special attention to preliminary measures as the most regulated in the legislation. In conclusion, the author summarizes the research, noting a number of significant shortcomings in the current regulation of the Institute of interim measures in civil cases of copyright infringement.