Responsibility for Infringement of Exclusive Rights to Cumulatively Protected Results of Intellectual Activity

Abstract

The paper analyzes the problems of multiplication of responsibility for infringing exclusive rights to the results of intellectual activity protected under several legal regimes. Special attention is paid to the issues of collecting compensation for the violation of exclusive rights to design solutions that can be treated as copyrighted works, industrial designs, trademarks. The author examines the stances developed by the domestic doctrine and law enforcement practice, as well as foreign approaches to solving the problem of multiplication of responsibility for violation of rights to cumulatively protected results of creative work. It is noted that in Russian practice, the prevailing approach is that the exclusive right to each ideal object is subject to independent protection. It is concluded that it is necessary to introduce the rule concerning priority of the exclusive right over an industrial design in the context of protection of rights to designs