Abstract

The article examines the legal nature of compensation, which is the most popular method of protecting an exclusive right in Russian judicial practice. As a result of a consistent analysis of each of the types of compensation for violation of an exclusive right it is concluded that compensation does not have a single legal nature. Compensation in a fixed amount and compensation in the form of double cost of the right of use are measures of civil liability and are restorative in nature with a moderately punitive beginning. Compensation in the form of double cost of counterfeit goods is of a mixed nature combining elements of an obligation from unjustified enrichment and responsibility.

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