Rabets, A.P. Compensation for the violation of an exclusive right

Abstract: The article is devoted to the issues regarding legal nature, conditions for application and procedure for establishing an amount of compensation for the violations of exclusive copyright. The author analyzes the characteristic features of compensation as independent means of civil law responsibility. The author provides detailed analysis of the criteria, which are taken into account when establishing the amount of compensation (from 10 000 rubles to the 5 000 000 rubles), such as character of violation, period of unlawful use of copyrighted results of intellectual activity or means of individualization, degree of guilt of a perpetrator; prior violations of exclusive rights of the right owner by a perpetrator, as well as analysis of the specific features of application of these criteria in the Russian judicial practice. Additionally, the article includes analysis of the issues regarding calculation of compensation for the violation of an exclusive right as double cost of the units of objects, sound recordings, goods, on which the trademark or the place of origin information was put unlawfully, or double cost of the right to use the object, object of allied rights, trademark, as defined based on the cost of lawful use of an object in comparable circumstances.

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