Compensation for illegal use of a trademark

Linetsev Evgeny Anatolyevich

In this article, the author will consider compensation as a way to protect the exclusive right for the illegal use of a trademark, its brief description, meaning, place and role in the system of ways to protect the exclusive right. In particular, compensation determined by a two-fold "coefficient" of the value of the right to use the trademark, based on the price that, under comparable circumstances, is usually charged for the legitimate use of the trademark, problems of a practical and legislative nature. The legal positions of the Constitutional Court of the Russian Federation, formulated in Resolutions No. 28-P of December 13, 2016 and No. 40-P of July 24, 2020. Proposals for amendments to certain rules of law governing the procedure for calculating the amount of compensation.

Keywords:Exclusive right, intellectual property, protection of rights, compensation, trademark.