Discretionary authority of the court to change the type of compensation for infringement of the exclusive right

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Provisions of the Civil Code of the Russian Federation andjudicial practice, dedicated to recovering compensation for Infringement of exclusive rights, are analyzed in the article. In cases of infringement of the exclusive right rightholder shall have the right to demand at his option from the infringer the payment of remuneration, in particular: in double the amount of the value of the copies of the work or of two times the amount of the value of the right of the use of the work. However, the question is open in which cases the courts are entitled to reduce the size of the claimed compensation and thereby change its type.

Exclusive right, compensation, judicial practice, civil code of the russian federation

Короткий адрес: https://sciup.org/147228322

IDR: 147228322

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