12/10/2016

Right-holder filed a lawsuit for compensation recovery. What should be considered when proving its amount

Article of S. Soldatenko. “Arbitrazhnaya praktika” journal.

Compensation for violation of intellectual property rights is a relatively new institute for the Russian legal system. And consequently everything new raises many questions that cannot be answered at once.

There are still a lot of discussions about legal nature of such compensation, about criteria and procedures for determining its amount. Courts’ approaches to defining amounts of different kinds of compensations are not uniform, that’s why it is impossible to predict the amount that will be eventually adjudged to a right-holder, even approximately.

Meanwhile it’s yet still possible to define certain tendencies in attitudes of courts on such issues.

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Ирина Кошечкина

Юрист