Compensation for Infringement of Exclusive Rights: The Coefficient-Based Methodology

The article aims to develop a methodology for the qualitative identification and quantitative assessment of coefficients in the system for calculating compensation for infringement of exclusive rights proposed by the author in previous works. The study substantiates the need for operationalizing descriptive formulations of circumstances subject to judicial consideration when determining the amount of compensation in order to translate them into measurable quantities. The author proposes a system of four methodological filters (target, structural, functional, accessibility) enabling researchers to identify relevant coefficients and formulate them on a well-founded basis. The system of filters covers all elements of the offense, ensuring completeness of the list of coefficients and preventing double counting of relevant circumstances. A methodology for quantitative assessment has been developed using the baseline value of 1.0, value ranges, and an epistemic rule linking deviation from the baseline value with the strength of evidence. The study substantiates the distinction between three groups of coefficients depending on the presence of normative consolidation, as well as the allocation of the burden of proof between the parties to the dispute. The findings have practical significance for formalizing objective criteria for determining the amount of compensation, improving the predictability of judicial decisions, and enabling parties to assess litigation risks at the pre-trial stage. The proposed methodology can be used in preparing legislative amendments.