Article 1252. Protecting Exclusive Rights

1. The protection of the exclusive rights in the result of an intellectual activity and means of individualisation shall be, in particular, carried out by means of presenting a claim for:
1) recognition of the right: to a person that denies or otherwise does not recognise the right and by doing so violates the interests of the right holder;
2) stopping the actions that infringe on the right or create the threat of infringement thereon: to a person committing such actions or making the necessary preparations for such actions;
3) payment of damages: to a person that has illegally used the result of intellectual activity or means of individualisation without concluding an agreement with the right holder (use without a contract) or otherwise has violated the right holder's exclusive right and inflicted a damage thereto;
4) seizure of a material medium in accordance with Item 5 of the present article: to its manufacturer, importer, keeper, carrier, seller, another distributor or non-bona fide acquirer;
5) publication of a court's decision on the infringement committed with reference to the actual right holder: to a violator of the exclusive right.

2. In the arrangement of provision of a security for a claim in a case of infringement of exclusive rights the material media, equipment and materials which are allegedly involved in an infringement of the exclusive right to the result of an intellectual activity or means of individualisation may be subjected to the security measures established by the procedural legislation, for instance, seizure of material media, equipment and materials.

3. In the cases envisaged in the present Code for certain types of results of intellectual activity or means of individualisation when an exclusive right is infringed upon the right holder is entitled to claim a compensation from the infringer for the infringement of the said right. The compensation shall be collected if the fact of the infringement is proven. In this case, the right holder that has applied for a remedy shall be relieved from the duty to prove the amount of the damage inflicted thereto.
The amount of the compensation shall be determined by the court within the limits set by the present Code, depending on the nature of the infringement and of the other circumstances of the case with due regard to the requirements of reasonability and justice.
The right holder is entitled to claim compensation from the infringer for each case when the result of the intellectual activity or means of individualisation has been used or for the infringement in its entirety.

4. If the manufacture, distribution or another use, and also the importation, carriage or storage of the material media in which the result of an intellectual activity or means of individualisation is expressed cause an infringement of the exclusive right to the result or means such material media shall be deemed counterfeit and subject under a court's decision to withdrawal from circulation and destruction without any compensation whatsoever, except as other circumstances are envisaged by the present Code.

5. The equipment, other apparatus and materials primarily used or intended for infringing the exclusive rights in the result of intellectual activity and means of individualisation shall be subject under a court's decision to withdrawal from circulation and destruction on the infringer's account, except as their being subject to be converted into a revenue of the Russian Federation.

6. If various means of individualisation (a firm name, trademark, service mark or commercial name) turn out to be identical or similar to a degree of confusion, and as a result of this identity or similarity consumers and/or parties under a contract may be mislead, then preference shall be for the means of individualisation in which the exclusive right came into being earlier. In the procedure established by the present Code the owner of this exclusive right may claim as invalid the granting of legal protection to the trademark (service mark) or claim a full or partial ban on the use of the company name or commercial name.
For the purposes of the present item "partial ban on use" has the following meaning:
in respect of a firm name: a ban on the use thereof in certain types of activity;
in respect of a commercial name: a ban on the use thereof within a certain territory and/or in specific types of activity.

7. When an infringement of the exclusive right to the result of an intellectual activity or means of individualisation has been recognised in the established procedure to be an unfair competition then the protection of the exclusive right infringed may be ensured both in the manner envisaged by the present Code and in accordance with antimonopoly legislation.