Procedure for Collecting Compensation to Be Revised

A major update to the Civil Code of the Russian Federation in terms of determining the amount and procedure for collecting compensation for violation of IP rights has been approved by the Federation Council and is awaiting signing and publication.

First of all, paragraph 3 of Article 1252 will be singled out into new Article 1252¹, with numerous elaboration concerning, in particular:
• methods and procedure for calculating compensation, including in cases where:
◦ several IP rights are used in one counterfeit product,
◦ several copyright holders are involved,
◦ several violators are involved;
• some exceptions in collecting and calculating compensation.

Amended Articles 1299-1301, 1311, 1406¹, 1515, 1537 introduce or specify the amounts of compensation for violation of various IP rights, in particular:
• the maximum amount of compensation for violation of rights to objects of copyright and related rights, and trademarks has been increased from 5,000,000 to 10,000,000 rubles; in some cases, the range of 11,000-11,000,000 rubles has been established for objects of copyright;
• the range of compensation for violation of rights to inventions, utility models, industrial designs has been increased from 10,000-5,000,000 to 50,000-10,000,000.

There are also other changes. The law will enter into force 180 days after publication.