On March 25, the Supreme Court issued Ruling No. 307-ES25-15203 in case No. A56-79150/2024, clarifying the nuances of calculating compensation for infringement of exclusive intellectual property rights. The Judicial Board for Economic Disputes of the Supreme Court upheld the lower courts' findings that the defendant had infringed the exclusive rights to the disputed database and that there were grounds for collecting compensation. However, the ruling noted that neither the appeal nor the cassation took into account that the presentation of the license agreement in itself does not imply that compensation is determined by the court at double the amount of its price.
Julia Kolomytseva, Senior Associate at «A.Zalesov & Partners», gave her comment to «Attorney’s Newspaper".
«The Supreme Court noted that there were discrepancies in the conclusions of the lower courts and the actual circumstances that influenced the calculation of the compensation amount. Apparently, the conclusions of the Supreme Court are aimed at instructing the courts to establish and investigate in more detail all the circumstances that may affect the calculation of the amount of compensation being recovered. In the dispute under consideration, the cost of the right to use the database was calculated on the basis of license agreements previously concluded by the plaintiff with third parties. In such disputes, the defendant may involve a specialist who will make a valid assessment of the intellectual property object, because the very fact that the plaintiff independently set a certain amount of the license fee and that some persons are willing to meet the conditions does not confirm the actual value of the right of use. Despite the fact that the courts had already reduced the amount of compensation from twice to once the cost of the right to use the database, the Supreme Court ordered the lower court to look in more detail at each circumstance that may affect the final amount of compensation.»
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