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The international Conference
«Problems of protection of intellectual property»
Organized by the Russian academy of justice took place in Moscow on March, 30, 2006

Judges of the Supreme and Higher Arbitration Courts of the Russian Federation, representatives of judicial bodies of Russia, representatives of the State Duma, the federal ministries and the departments that are dealing with the problems of protection of intellectual property, representatives of law enforcement bodies, the scientific organizations and the professional organizations of experts, authors and legal owners participated in the Conference.

In the work of the Conference there also had taken part the legal adviser of the guild of experts – “The National Organization of Art Experts” – Matvey Markov.

At the Conference the problem of judiciary practice of the solution of disputes about the infringement of copyrights caused by falsifications of the products of fine arts was discussed for the first time in the domestic practice.

A special problem is that the new type of falsifications, so-called "renaming", which consists in alteration of the pictures of the West-European artists of the XIX - beginning of the XX century into hundreds times more expensive pictures of Russian artists of the same period received a wide circulation in Russia nowadays. The situation was commented by legal adviser of NOEXI - Matvey Markov in his report:
- Russia is the participant of the Bern convention of 09.09.1886 about protection of literary works and works of art, and the World convention of 06.09.1952 about the copyright. There is the protection of copyrights of foreign authors in all territory of the Russian Federation according to the law «About the copyright and the adjacent rights". At alteration of the original work with a change of a name of the artist, the infringement of such rights of the European authors as a copyright and a right of a name is evident. In similar cases the rights are not limited by any limitation period and belong to successors of the author, or - at their absence – to the corresponding states. Therefore it is possible to assume, that in the nearest future the numerous judicial claims of representatives of the European states about protection of reputation of authors of "renamed" pictures should appear.

The copyright is valid during seventy years after the death of an artist. Many well-known nowadays Russian artists worked in the first half of the XX century. The rights of the successors of the exclusive property rights are broken by forgery of the products of these artists.
In many cases the artists and their successors possess the rights which, being unknown to them, remain without any application. Among them there is in particular, such special right of authors of products of the fine arts as «the right of consequences» (Item 2 of the Clause 17 of the Law "About the copyright and the adjacent rights"). The law provides, that after transition of product from the author into the property of other person, the author has the right to get a compensation at a rate of 5 % from the price in each case of subsequent resale if the price exceeds previous not less than by 20 %. Such right is valid in a case of public resale of product at auction, gallery or in a shop.

At the Conference some actual problems of judicial examination of products of fine arts were discussed.
According to the legislation, the expert is the person possessing the special knowledge and appointed in the order stipulated by the law.
The expert bears the responsibility for evidently false conclusion in conformity with the clause 307 of the Criminal Code of the Russian Federation; he is warned about it by court and gives a subscription. Thus the expert has the right to refuse giving the conclusion concerning the work of art which lies outside the limits of his special knowledge and also in case the materials presented to him are insufficient for giving the conclusion. At first sight, the right of refusal of carrying out an examination, in a sufficient measure protects the expert. However in a context of new tendencies of falsification the problems are obvious.
So at carrying out a judicial examination of product under suspicion of being «renamed» (the West-European picture into Russian), the expert can get into a complicated position, as the probability of a mistake repeatedly increases. And the mistake admitted can be interpreted, as well as giving an obviously false conclusion. The experts-art historians recognize that falsifiers have outstripped them in the certain sense. It is abundantly clear, that in process of falsification of products of fine arts a plenty of professionals-art historians of a high enough level are involved, as well as the artists and restorers in Russia and abroad.
It seems that in order to prevent mistakes of experts, at the purpose of examination if it is executed for courts and other bodies, it is necessary to establish the complex examination including without fail both technological and art historical researches. And, for example, at carrying out the examinations of products of Russian realistic art of the second half of the XIX - the beginning of the XX century it is expedient to appoint not only the expert-art historian of Russian art, but the expert-art historian of the western art of the same period also. It is obvious, that none expert-art historian is all-round educated, and its involving to examination is senseless without taking into account its real knowledge, skills and reputation.

Matvey Markov had informed, that the help to courts and other bodies that are appointing the examinations of products of the fine arts, could be rendered by the " National Organization of Art Experts " (NOEXI), recently created in Moscow. It has united the leading Russian experts. Possessing the sufficient information about the majority of experts in the field of art, NOEXI could recommend the courts by their inquiry the experts with necessary qualification and specializations in each specific case.