Artur Zurabyan | comments for the Advokatskaya Gazeta journal: the Constitutional Court (CC) explained the procedure for recovering legal costs in cases involving compensation for violation of exclusive rights

The Court indicated that reduction of the compensation amount recovered from intellectual rights offender below the minimum amount does not make it possible to claim from the right holder the legal costs incurred by the offender in the process of adjudication of the claim. 

Artur Zurabyan, Attorney, Head of Litigation and International Arbitration at ART DE LEX, believes that the CC ruling nips in the bud the possibility of abuse of rights by offenders of exclusive rights, in respect of which, in spite of full proof of the fact of the violation of rights, courts reduce the amount of compensation for the violation below the minimum amount set forth by the RF Civil Code, so that such offender may be technically deemed to be successful in the action to the extent of the dismissed claims: «In such situation, taking advantage of the formal provisions of Article 110 of the Commercial Procedural Code of the Russian Federation on proportional allocation of legal costs, offenders claim recovery of their legal costs from the right holder».

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