Compensation for violation of exclusive rights: statutory damages or liquidated damages?

Compensation for infringement of exclusive rights is meaningfully one of the types (method of determining the amount) of damage. In the literature, there are different opinions regarding its essence. On the one hand, the authors identify compensation with liquidated (contractual) damages that perform the compensation function, on the other hand, they associate compensation with the so-called “statutory damages”, widely used in Anglo-Saxon law countries as a form of punitive damages. The article analyzes the functions of compensation for infringement of exclusive rights and on this basis draws conclusions about classifying the category in question as one of the types (methods of determining the amount) of damages occurring in Anglo-Saxon civil law.