Compensation for damages and compensation as ways to protect violated exclusive rights

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This article analyzes the problems of compensation for damages and compensation as measures to protect exclusive rights. The author paid attention to the fact that the list of Article 1252 of the Civil Code of the Russian Federation does not contain compensation as a measure of liability. Upon further analysis of the article, the legislator indicates that it is possible to replace the compensation of losses with compensation. This situation creates problems in science related to the nature and place of compensation in the system of protection of exclusive rights. The advantages of compensation over compensation for losses are also indicated. To solve this problem, the author gives examples from judicial practice. On the basis of this study, the author decides on the ratio of damages and compensation.

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Compensation for damages, compensation, exclusive rights, intellectual property objects, methods of protection of exclusive rights, abuse of rights

Короткий адрес: https://sciup.org/170188542

IDR: 170188542   |   DOI: 10.24412/2500-1000-2021-3-1-203-206

Статья научная