Models of Property and Liability Rule Protection as a Basis for Determining the Conditions and Limits of Application of Methods of Protection of Exclusive Rights to Inventions and Trademarks in Russian Law

This work is devoted to studying the boundaries of protection of infringed exclusive rights to inventions and trademarks. The author will have to answer the following research question: in what cases should violations of exclusive rights to inventions and trademarks be strictly suppressed by the law and order, and in what cases should violations be allowed by the law and order, provided that the infringer compensates the victim for the losses incurred? In the first and main chapter of this paper, we will analyze the key legal and economic division of the methods of protection of infringed rights into the methods of protection under the property rule model, and the methods of protection under the liability rule model. We will also show the grounds for choosing one or another model of protection for the protection of exclusive rights to inventions, as well as exclusive rights to trademarks. In the second illustrative chapter we will discuss the three most controversial methods of protection of infringed exclusive rights to inventions and trademarks: injunctive relief, suppression of actions that threaten to infringe the right, and destruction of counterfeit products.