Article 1252.1 Compensation for violation of an exclusive right

1. In the cases provided for in this Code for certain types of intellectual activity or means of individualization, in the event of violation of an exclusive right, the right holder is entitled to: In lieu of compensation for damages, compensation must be sought from the offender for the violation of the said right. In the cases established by this Code, compensation may be awarded for the acts committed by the State party. 2. Compensation may be calculated by means of one of the following: By specifying the calculations used on the grounds and within the limits laid down in this Code for certain types of intellectual activity or means of individualization, taking into account them Features: award of compensation in hard terms; award of compensation in the amount of multiple value of counterfeit tangibles; award of compensation in the amount of multiple value and the right to use the result of an intellectual activity or means of individualization, based on the price that is generally charged in comparable circumstances for legitimate use The amount of compensation shall be determined by the court, depending on the circumstances of the case, in proportion to the amount and nature of the violation, and the amount of compensation shall be determined by the court. 3. If the method chosen by the right holder to calculate compensation is not applicable to the circumstances of the violation of the exclusive right. 4. If several intellectual results have been unlawfully used in one counterfeit tangible medium, of individualization activities or means, regardless of the number of these intellectual outcomes or means of individualization: (1) the total amount of compensation to be recovered in c. Subsace ' s compliance with second paragraph 2 of this article shall be determined by the court within the limits of the minimum amount to twice the maximum amount of compensation provided for in this Code. Exa for the violation of one exclusive right to a certain type of intellectual activity or a certain type of means of individualization. The result of the intellectual activity and means of individualization, for which the various limits of compensation are fixed, are expressed, the total amount of compensation for the peanuts is divided by the court between the highest minimum amount and the highest two times the maximum amount of compensation; (2) the total amount of compensation to be recovered under sub-sacred third paragraph 2 of this article is determined by a court in excess of the one-time value of counterfeit tangibles, but not more than twice their value, and in the cases provided for in the subparagraph in the amount of between one hundred and fifty and two hundred and twenty per cent of the value of counterfeit tangibles; (3) the total amount of compensation to be recovered from a sub-sace ' s response to the fourth paragraph of this article shall be determined by the court in an amount exceeding the one-time value of the right to use the result of the intellectual activity or means in question. of which the value of the right to use is the greatest value of all intellectual rights or means of individualization that have been misused in this counterfeit material carrier, but not more than twice the value of the right in question, and in the cases provided for in article 1301, paragraph 2, subparagraph 2, of the present Code, in the amount of one hundred and five 5. Compensation shall not be recovered in the case of such use of the result of intellectual activity. 6. If it fails to comply with the provisions of the Convention, it shall be possible to determine whether or not it is necessary to apply a different method of use and which is not of independent economic importance. A collective right to the result of an intellectual activity or a means of individualization belonging to several rights holders may seek compensation from any right However, the applicant is obliged to transmit the compensation he has ordered to all rights holders in equal shares, unless otherwise provided by law. 7. If the violation was committed by a person in the course of his or her business activities and the offender did not know or understand must have known that a violation of an exclusive right was permitted, the court could determine the amount of compensation to be awarded under paragraph 2 (2), subsac, within the limits of 10. Up to 500 thousand roubles and the amount of compensation recovered in accordance with paragraph 2 of this article, third fourth paragraph, by Sabzas, from one to two times the value of counterfeit mates 8. If a number of persons have committed separate violations of the exclusive right from and By using the same counterfeit material bearers, the court may award compensation in solidarity with these persons, provided that these persons are held liable to the right holder on the basis of: If it did not follow from the relationship between the above-mentioned violators, the offender who had performed a joint and several duty to the right holder, i.e. right of recourse against the remaining violators proportionally to the right holder ' s contribution to adverse property effects, less the share falling on the right holder ' s property In the event that it is not possible to determine the amount of each offender’s contribution to the right holder’s adverse effects of the said contribution, It’s equal.