Federal Law No. 214-FZ, adopted in July 2025, makes extensive amendments to Part Four of the Russian Civil Code and takes effect on 4 January 2026. It changes the limits and calculation of compensation, as well as the conditions for recovering it from multiple infringers.
Compensation limits and general rules
The most prominent change is the increase in upper compensation limits. For trade marks, the maximum will rise to RUB 10 million from RUB 5 million, while the minimum will remain RUB 10,000. Limits for other protected subject matter are set by the relevant Civil Code provisions; there is no single maximum for all infringements.
The law introduces Article 1252.1 of the Civil Code, establishing common rules for recovering compensation. A special limit of up to twice the maximum applies to multiple infringements involving several protected objects embodied in a single counterfeit physical item. This is not a general limit for every infringement. The common rules will operate alongside provisions specific to individual types of protected subject matter.
Methods of calculating compensation
The law retains three principal calculation methods: a fixed sum, twice the relevant value, and twice the value of the right of use. Their application is clarified:
- calculation based on the value of goods or copies is tied to counterfeit physical items; the permissibility of importing genuine products requires a separate assessment;
- the calculation method must be selected with regard to the rules for the relevant protected subject matter and the circumstances of the infringement.
Joint and several liability and new risks
The scope of joint and several liability is substantially broadened. Previously associated with joint conduct, it will also be available for persons committing separate infringements involving the same physical items. In such cases, a court may impose joint and several liability if separate recovery would unjustly enrich the rights holder. This increases business risks: after the law takes effect, several participants in supply chains and online marketplaces may face joint and several liability even if they did not act in concert.
Stronger protection for technological measures and copyright information
The law distinguishes circumvention of technological protection from removal of copyright information. Compensation under Article 1299(3) will range from RUB 10,000 to RUB 5 million, and under Article 1300(3) from RUB 1,000 to RUB 100,000. Infringements covered by Article 1301(2) attract special increased limits of RUB 11,000 to RUB 11 million, or 220% of the relevant value.
Grounds for reducing compensation
Alongside the general tightening, the law provides a mitigating mechanism: compensation may be reduced within statutory limits if the business operator neither knew nor ought to have known that it was infringing an exclusive right. This new provision balances the interests of rights holders and good-faith market participants, reducing the risk of excessive pressure on business.
Different implications for market participants
The consequences differ for rights holders and other market participants.
On the one hand, business risks increase, particularly in trade and distribution.
On the other, common rules and the possibility of reducing compensation under statutory conditions create a fairer balance.
Conclusion
Before the law takes effect, companies should assess the risks associated with using protected subject matter and review their supplier contracts. Rights holders should compare the available calculation methods. Recovery will depend on the protected subject matter, the nature of the infringement and the statutory conditions, rather than solely on the new upper limit.