Compensation as a pre-emptive tool of private-legal protection of intellectual rights
Purpose: To study the mechanism of compensation as a preferential tool of private law protection of intellectual rights. Methodology: The author used private-scientific methods of knowledge: formal-legal, comparative-legal, historical, system analysis and others. Results: It is established that the modern legislation in the field of protection and protection of the results of intellectual work provides for various methods of influence on offenders. At the same time, the established measures of both public and private law liability do not create an unimpeded barrier in the case of violation of intellectual rights, and do not guarantee the safe development of intellectual activity. The analysis of the compensation awards as a special means of protection of intellectual property rights Separately, the author examines the problem of overcompensation caused by the misuse of the rights from the copyright holder. Novelty/originality/value: The author reveals the advantages of the considered form of judicial protection along with other private legal measures of responsibility (in particular, compensation of losses), offers an algorithm of submission to the judicial authorities of claims for compensation, depending on the presence / absence of evidence, which has the right holder.