Lump-sum Compensation for Infringement of Exclusive Rights: Legal Nature and Methodological Difficulty
Year: 2026
Type: article
Abstract: The article examines the legal nature of lump-sum compensation for infringement of exclusive rights. The relevance of the issue is justified by the doctrines inability to provide a coherent answer within the binary opposition of «remedy - liability measure». The author offers a systematization of doctrinal approaches and identifies a methodological difficulty. The dissertation of N. V. Ivanov (2026), which proposes abandoning the binary opposition in favor of a functional analysis, is considered. It is substantiated that Ivanovs hierarchical model, despite its fundamental contribution, does not fully overcome the difficulty due to ontological, practical, and systemic limitations. A comparative analysis confirms the uniqueness of the Russian model. It is concluded that it is necessary to move from the hierarchical model to a systemic analysis of the functional interdependence between the restorative and preventive functions.
Source: Ленинградский юридический журнал
Author: A.V. CHECHEVICHKIN
Language: English
Topic: Intellectual Property Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7216591108