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Protection of intellectual property rights: as the copyright holder to receive worthy compensation

Natalia Gornostay, lawyer of the Law firm «YUST»

The civil code provides for different ways of protection of violated rights of authors and other copyright holders. So, the person the exclusive right has been violated may impose to the perpetrator the requirement about a recognition of the right, the suppression of actions, creating a threat of its violation, compensation of losses and others. According to paragraph 3 of article 1252 of the Civil code in some cases, stipulated by law, the right holder shall have the right instead of compensation of losses to demand from the infringer payment of compensation for the infringement of exclusive rights.

For cases under article 1301 and 1311 of the Civil code apply to the infringement of the exclusive right to a work and the objects of related rights. This compensation is to be recovered if the proof of the fact of an offence, and the owner has no need to prove the amount of damages. Many copyright holders require as compensation double value of the right to use the intellectual property object, on the basis of article 1301 of the Civil code. However, as the analysis of judicial practice, to get it turns out to be quite difficult.

In the article the readers will learn:
  • why courts in compensation compensation in the double size of cost of the rights;
  • what equation of the RF offers to calculate the amount of compensation;
  • will a payment of commensurate compensation to the conclusion of the license contract.
Continuation - in pdf-version of the publication.

The site of the magazine «Arbitration practice»

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