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Under the current rules of law, a trademark owner instead of claiming for damages may claim for compensation from the infringer in the amount of the double price of the infringing goods, or the double reasonable royalty rate. This rule has been considered unconstitutional to the extent it does not allow the court to reduce the amount of the compensation in case it significantly exceeds the amount of damages caused to the trademark owner taking into account the actual circumstances of a particular case.

In accordance with the new draft, the court is to be empowered to reduce the amount of the compensation provided that it is not less than the price of the infringing goods or the value of the right to use the trademark.

Apart from this, one more draft law has been considered by the State Duma dedicated to the recovery of compensation for the infringement of the intellectual reducing the amount of compensation recovered for the infringement of the rights regarding several intellectual property objects by one infringing act.

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