Consideration of the Economic Purpose and Intent of the Infringer in Determining the Amount of compensation for Infringement of Exclusive Rights

Abstract

Relevance. Compensation for violations of exclusive rights to works and other intellectual property objects is the main method of protection used by authors and right holders. The possibility of using a compensatory approach in determining the amount of recovery from the infringer acquires special significance in the conditions of the development of modern technologies, leading to the emergence of new ways of using works, in the implementation of which the right holders do not have the opportunity to unambiguously establish the scope of use and the amount of damages caused. At the same time, the practice of applying the provisions on compensation for violations of exclusive rights has revealed the need to develop additional criteria to exclude cases of unjustified recovery of disproportionate compensation in the formal application of the methods of their calculation established by law.The purpose of the study is to determine the specifics of using additional criteria, such as "economic purpose" and "unity of intent of the infringer", when establishing the amount of compensation for violations of exclusive rights to works and other intellectual property objects, taking into account the development of judicial practice and clarifications of the courts of higher instances.Objectives: to identify problems associated with the application of the criteria of "one economic purpose" and "unity of intent of the infringer" in determining the amount of compensation for violations of exclusive rights to works and other objects of intellectual rights; to identify opportunities for further development of legal regulation taking into account the above criteria.Methodology. In preparing the study the author applied general scientific methods, methods of analysis and synthesis, system method, formal-legal method.The results of the research have theoretical and applied nature and are aimed at improving the quality of legal regulation of civil legal relations.Conclusions. Conclusions. The conclusions made in the article are of a controversial nature, aimed at further development of approaches contributing to the uniform solution of problems arising in the application of legislative provisions on determining the amount of compensation for violations of exclusive rights to works and other intellectual property objects in order to prevent and suppress such infringements, as well as compensation for losses caused by them.