IP rights infringement in Russia: statutory damages

Can statutory damages be awarded in Russia for an IP rights infringement?

Under the laws of most jurisdictions, a person whose intellectual property rights have been violated is entitled to compensation for losses incurred as a result of the infringement. At the same time, in an IP infringement case, it is often difficult to accurately evaluate the harm inflicted to the aggrieved party.

Specifically, this may be a problem in Russia because Russian courts are traditionally very strict in assessing evidence. The plaintiff should indisputably prove:

• the direct cause-and-effect relationship between the infringement and the losses
• the precise amount of losses resulting from the infringer’s actions

Such proof can be difficult to gather, especially since a judicial procedure such as discovery is absent from Russian procedural law and the defendant has the right not to provide evidence against themselves.

Therefore, instead of claiming recovery of damages, the plaintiffs in many IP (trademark, patent, or copyright) infringement cases request a “compensation,” a form of statutory damages under the Russian Civil Code. The plaintiff does not have to prove the exact amount of damages in order to receive compensation. However, the size of the compensation in any case will depend on the scale of the infringement.

The Civil Code stipulates a different procedure for calculating statutory damages for each type of IP rights.

Statutory damages for a copyright infringement can be claimed in the following amounts:

• from RUR 10,000 to 5,000,000 (determined at the court’s discretion) or
• double the price of the counterfeit copies of the work or
• double the cost of the legal right to use the work under a license provided in comparable circumstances

For a trademark infringement, the plaintiff can claim as compensation one of the following:

• an amount ranging from RUR 10,000 to 5,000,000 (determined at the court’s discretion)
• double the price of the goods illegally marked by the trademark
• double the cost of the legal right to use the trademark under a license provided in comparable circumstances

In a patent (invention, utility model, or industrial design) infringement case, the statutory damages can amount to:

• any sum ranging from RUR 10,000 to 5,000,000 (determined at the court’s discretion) or
• double the cost of the legal right to use the invention (utility model or design) under a license provided in comparable circumstances