To a question of possibility of reduction by court of the amount of compensation for violation of the rights for the trademark

Purpose: The analysis of practice of the Supreme Arbitration Court of the Russian Federation about decrease in the amount of compensation for violations of intellectual property rights. Methodology: The author used a formal-legal method and a method of studying of materials of lawsuits. Results: In article the conclusion that the amount of compensation has to be reasonable is drawn, and the purpose of application of this measure of responsibility is restoration of a property status of the owner. The basis of institute of compensation consists in ensuring compensation of property losses of the owner in the simplified order – without proof of the size of losses. It is noted that a natural limit of application of institute of compensation is the exit of the specific owner out of limits of purpose of this competence, namely acquisition owing to a hypothetical offense of the property benefits which were not and could not be lost by it owing to offense commission. The offense from one person cannot be considered as lawfully established basis of enrichment of other person (owner). At the same time it is noted that the court at the corresponding justification is not deprived of opportunity to collect a compensation amount for violation of the rights for the trademark in a smaller size in comparison with the declared requirement. Novelty/originality/value: Article has a certain scientific value and the important practical importance as contains author’s generalizations and the conclusions allowing systemically considering legal positions of the Supreme Arbitration Court of the Russian Federation on possibility of reduction of the amount of compensation for violation of the rights for the trademark.