Presumption of suffering in relation to recovering compensation for moral damage caused by violation of intellectual property rights

The purpose of this article is to determine the expediency and features of applying the presumption of suffering in terms of compensation for moral damage caused by the violation of intellectual property rights. The following methods were used: deduction, systematical analysis, formal legal method, document study method and other methods of research. The article examines relevant legal acts, the practice of Russian courts as well as doctrinal positions on the given topic. A conclusion is made that it is appropriate to apply the mentioned presumption in connection to compensation of moral damage entailed by violation of moral rights of authors. It is argued that the scale of violation of moral rights to intellectual property objects should not affect the applicability of presumption of suffering.