Компенсация за нарушение исключительных прав: казнить нельзя помиловать?

Gaps in legal regulation of compensation for violation of exclusive rights and lowering standards of proof in damagereimbursement disputes make one question the viability of this method of protectionand whether it should remain available to right holders among other meansof civil legal protection. The publication by S. Krasnova (Ph. D. in Law), assistant professor at Market Economy Legal Support chair at the Novosibirsk State University compares the methods of compensation and damage reimbursement and concludes that compensation is a better method to takeinto account the specifics of the object in question, namely exclusive rights. Compensation lets the right holder to cover property losses without a strict correlation to the amount of damage done, thus increasing the probability that the losses can be compensated in full. The Court for Intellectual Right data show that even though the standard of proof for damage reimbursement have been lowered right holders still prefer to get compensation rather than damage reimbursement. Therefore it seems preferable not to abolish the institution of compensation but ratherto improve the procedure for its application