The Constitutional Court of the Russian Federation recognized that the provision on the right to claim a twofold compensation – for instance, the right to use a trademark – does not comply with the Constitution as it does not allow the court to reduce the amount of compensation.
According to the law, the courts should have the right to reduce compensation at the request of the defendant taking into account all the circumstances relevant to the case. The courts should consider the nature of the violation and the difficult financial situation of the defendant. According to the current legislation, the court has the right to reduce the compensation by the amount not exceeding its double value (i.e., it should not be less than the value of the right to use the trademark). Following the decision of the CC of the Russian Federation, amendments are expected to be made to the norms of the Civil code.
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