Compensation for violation of intellectual rights: theory and practice

A feature of modern economic development is the high value of the results of intellectual property, which increases the importance of legal regulation and legal protection of relationships. The goals of this work are: - the study of rights on objects of intellectual property; - identification of liability features in the form of compensation payments; - search for ways to improve the legal mechanisms for applying liability for violations of rights. To achieve these goals, the following tasks are defined: - description of the genesis of Russian legislation on intellectual property rights; - definition of the concept and types of intellectual property rights; - characteristics of civil liability for violation of intellectual property rights; - characteristics of the main measure of liability for violation of intellectual property rights in the form of compensation. The following conclusions are made: 1. Liability for violation of intellectual property rights must be understood as a contractual or legal obligation of the offender to suffer adverse legal consequences. 2. The basis of liability for violation of intellectual property rights is the commission of the relevant offense; causing harm to the right holder; the causal relationship between the illegal behavior and the resulting harm; the fault of the harmer. 3. The main type of civil liability for violation of intellectual property rights is the payment of compensation as an alternative to compensation for damages. The work has shown that the methods of calculating compensation provided for by law are applied unevenly by courts and copyright holders. Thus, the improvement of legal mechanisms for protecting the interests of intellectual property rights holders by applying a liability measure in the form of compensation should go through the expansion of the right holders ability to prove the circumstances necessary for calculating compensation, with the exception of the punitive nature of the compensation paid.