On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of July 24, 2020 No. 40-P

On the case of check of constitutionality of the subitem 2 of item 4 of Article 1515 of the Civil code of the Russian Federation in connection with request of the Fifteenth Arbitration Appeal Court

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, V. G. Yaroslavtsev,

being guided by Article 125 (part 4) Constitutions of the Russian Federation, part one Item 3.1, parts three and the fourth Article 3, Article part one 21, Articles 36, 47.1, 74, 86, 101, 102 and 104 Federal constitutional laws "About the Constitutional Court of the Russian Federation",

considered in meeting without carrying out hearing case on check of constitutionality of the subitem 2 of item 4 of Article 1515 of Civil Code of the Russian Federation.

Reason for consideration of the case was the request of the Fifteenth Arbitration Appeal Court. The basis to consideration of the case was the found uncertainty in question of whether there corresponds to the Constitution of the Russian Federation the legislative provision disputed by the applicant.

Having heard the message of the judge-speaker G. A. Gadzhiyev, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to the subitem 2 of item 4 of Article 1515 of Civil Code of the Russian Federation regulating responsibility for illegal use of the trademark, the owner has the right to demand at the choice from the violator instead of indemnification of payment of compensation in double size of cost of goods on which the trademark, or in double size of the cost of right to use of the trademark determined proceeding from the price which under comparable circumstances is usually levied for lawful use of the trademark is illegally placed.

1.1. The decision of Arbitration Court of the Rostov region of December 3, 2019 partially satisfies claims of Masternet Corporation Ltd and Zubr OVK Ltd to the individual entrepreneur I. V. Simakina about collection from it of compensation for violation of exclusive rights on trademarks.

The following circumstances established by court formed the basis for acceptance of court resolution. The defendant realizes in the universal market five measuring roulettes and three paint brushes to whom the images similar to extent of mixing to the Stayer trademark and - on two roulettes - also with the Bison trademark are applied, registered for claimants concerning the wide inventory. As the defendant did not acquire the rights to use these trademarks at claimants, those took a legal action with the recovery suit of compensation - everyone in the amount of 200 thousand rubles, having proved its size by the license agreements provided by them which are signed with the third party and under the terms of which license remuneration constitutes 300 thousand rubles for three trademarks, including "Stayer", and 100 thousand rubles for the Bison trademark quarterly.

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