Pererva P., Tkachev M. Justification types of economic damages and lost profits caused by the violation of intellectual property rights.

Abstract

The article considers the methodological approaches to identify and study types of economic loss and loss of profits in violation of the exclusive rights. A classification criteria losses holders of counterfeit goods: direct economic losses associated economic losses, lost profits copyright owner, the copyright holder moral hazard. Grounded types of economic losses holders of each of the classifications. The main attention was paid to reducing consumer confidence in the goods and services produced with the use of a registered trademark. Proposed to consider reducing the market share, which was in the possession of the trademark holder. Defined as a loss of direct economic losses by the owner of license benefits and increase of constant cost of advertising and promotion, as well as an increase in unit costs holders logistics. The structure factors of profits attributed the shortfall in revenue or profit in two ways: by replacing parts original and counterfeit products due to disruption of the conclusion of commercial agreements with potential licensees. This group also include potential losses resulting from the total or partial failure of existing contractors from supplying products manufactured with the use of intellectual property. First consider the proposed direct economic losses holders of production excess production and related economic losses. The economic essence of the past is that the complexity of the production, sale and use of original products may affect the other products that are in some way connected with the main products.