The legal nature of the claim for compensation for infringement of exclusive rights to the results of intellectual activity and means of individualization

Abstract

In the article an attempt is made to reveal the nature of compensation that is recovered for infringement of exclusive rights to the results of intellectual activity and means of individualization. To this end, the delimitation of compensation as a measure of civil liability from related institutions: damages, fines, penalties. Conclusions are made about the inadmissibility of the recovery of compensation in the case of innocent violation of exclusive rights. Analyzing compensation in relation to damages, we consider this legal phenomenon not as an independent measure of responsibility, not as a punitive sanction, but as a kind of damages, the amount of which is predetermined by law (statutory damages). We believe that compensation may be recovered only upon proving the fact of infliction of losses. At the same time the right holder by virtue of a direct indication of the law is exempt from proving the amount of losses caused. In terms of functions performed it is necessary to talk about the mixed (hybrid) nature of compensation, which incorporates both compensatory (restorative) and punitive (incentive) components.