Compensation for Moral Damage to the Author the Result of Intellectual Activity

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Authors: E. N. Podrabinok
Cited by: 0

Abstract

In this article, the author classifies the moral suffering of authors of intellectual property results into verifiable and non-verifiable. Verifiability of moral suffering implies that it can be proven by medical documents issued by doctors in medical organizations. Non-verifiability of moral suffering means that it cannot be proven to have been experienced. The author argues that it is possible and permissible to prove the "experiencing" of moral suffering solely through the author's statements, descriptions, or witness testimonies, but it is not advisable. Decision to compensate the author for moral damages should be based on the presumption of moral suffering.

Fields of Study & Subjects

Intellectual Property Law Legal principles and applications Comparative International Legal Studies

Publication details

Journal / source
Courier of Kutafin Moscow State Law University (MSAL)
Issue
11
Pages
204–212
Publication date
30 January 2026