The Results of The Round Table "Responsibility for Infringement of Exclusive Rights"
The review highlights the main statements of the reports submitted by the participants of the Round Table “Responsibility for Infringement of Exclusive Rights.” The main theses of the reports concerned, in particular, issues covering the boundaries of exclusive rights to trademarks, doctrines of fair and nominative use, criteria used for calculating damages, payment of remuneration when results of intellectual activity are created by employees performing their official tasks, protection of the rights to non-traditional trademarks (sound trademarks, color trademarks, positioning trademarks, olfactory (scent) trademarks, etc.), peculiarities of protection of exclusive rights in compliance with the provisions of Article 1252 of the Civil Code and by going to court or any anti-monopoly authority, responsibility of an information broker, etc. The participants criticized the Ruling No. 28-p of 13.12.2016 of the Constitutional Court that provides with the opportunity to reduce the amount of compensation for infringement of intellectual rights, the order of granting royalty-free licenses concerning prohibition to issue such licenses among commercial organizations, the FAS lacking a specific mechanism for the implementation of rights protection.