As a general rule, the liability measures set out by the civil legislation for IP rights infringements are applicable in case of fault, unless otherwise is set out in the Civil Code of the Russian Federation. Starting from 01.10.2014, the legislator sets out the principle of liability of IP rights infringer based on fault (Art. 1250 the Civil Code of the Russian Federation). The burden of proof regarding the absence of fault will lie with the infringement of IP rights. The liability in the form of recovery of damages and payment of compensation are applicable irrespective of the infringer’s fault only if the infringer is made within the course of commercial activities. The principle of liability based on fault is not applicable on the measures of protection of IP rights. Upon entrance into force of the amendments, the liability measures will be applied in accordance with Art. 1250 the Civil Code of the Russian Federation, while any abolishment of liability without fault based on an agreement will become impossible.
Based on the amended Art. 1252 the Civil Code of the Russian Federation on the compensation for IP rights infringement, the right of the rights holder to demand compensation for every act of infringement is abolished. Instead, the compensation will be accorded based on the number of concerned IP rights objects.
Some articles of the Civil Code are amended in accordance with the general trends in protection of IP rights on the Internet. For instance, Art. 1252 the Civil Code of the Russian Federation is supplemented with a stipulation that a ban on committing certain actions on the information and communication networks may be issued by court as a provisional injunction.