Статутные убытки в праве интеллектуальной собственности РФ: эволюция и актуальные проблемы
“Compensation for violation of exclusive rights” is the central remedy used in the Russian legal system against IP infringements. This legal instrument is the Russian equivalent for the US statutory damages. It was introduced in Russia in 1992, quickly became very popular, and in high demand among IP right holders. At the same time due to it’s controversial, hybrid nature that combines compensatory and punitive functions there is a permanent risk of awarding excessive, many times multiplied damages, which is contrary to the principles of legal certainty, proportionality and individual character of sanction, reasonableness and justice. The article traces the evolution of the compensation in the Russian IP law and case law since 1992, reflects ongoing theoretical debates on its nature, demonstrates aggressive tactics used by the IP right holders in order to multiply damages subject to award, and reveals practical solutions developed by the Russian courts in order to balance competing interests. The article concludes with several proposals to reform legislative provisions on compensation in Russia.
The key point of this article is comparative analysis of the Russian and USA national laws, the provision dealing with recovery statutory damages. The two basic aims of this form of liability are:
1) to give the courts specific unambiguous directions concerning monetary awards, thus avoiding the confusion and uncertainty and, at the same time,
2) to provide the courts with reasonable latitude to adjust recovery to the circumstances of the case, thus avoiding some of the artificial or overly technical difficulties.
The article also includes the review “fair use” as a special principle of liability.
The financial crisis has revived interest in economic scholarship from a historical perspective. This volume studies the interconnection between economic thought and economic policy from the mid-nineteenth century to the interwar period. It examines how the German Historical School’s ideas spread and was interpreted in different European countries, including Russia, between 1850 and 1930, analysing its legacies in these countries. In doing so, the book is able to trace the interconnection between economic thought and economic policy, adding new voices to the debate on the diffusion of ideas and flow of knowledge.
This article tells the story of the reception of Lydia Ginzburg prose by the younger generation and of the changes in her reputation provoked in 2011 by the latest publication of Ginzburg's previously unknown prose of the 1940s. The first phase of the reception was characterized by the predominance of an immediate and integrative approach, while the second phase is characterized by a historical distantiation of the reader and by a discrimination of various heterogeneous lavers in Ginzburg's prose. A special stress is made on a dramatic contradiction between two trends in Ginzburg's prose: a trends towards the creation of an "in-between prose" and an other semi-hidden trend towards the creation of a modern novel in the spirit of Proust.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/