The interdiction for resales
YOU will understand with “ grey “ import
Import of the goods to Russia for the purpose of the subsequent sale without the consent of the legal owner to trade mark use can be outlawed. Such position contains in the project of the decision which was discussed yesterday in the Supreme Arbitration Court (YOU).
Yesterday in YOU discussion of the project of the joint decision of plenum YOU and the Supreme court (VS), developed in connection with introduction in action of the fourth part of the Civil code of the Russian Federation has proceeded. One of the thorny questions mentioned in the project of the decision, concerns import to Russia the foreign firm goods. In the project it is said that the person importing on territory of Russia production, marked by a trade mark, without the consent of the legal owner, is the infringer. This point concerns cases when the goods are imported not for personal needs of citizens or own needs of the legal person or the individual businessman.
this collision had the big resonance. Yesterday the chairman YOU Anton Ivanov has declared that in court the joint appeal from representatives of the various organisations who ask not to make painful for the majority of independent importers the decision has arrived. Under the reference, by words g - on Ivanov, costs to 70 thousand signatures.
the adviser of the chairman of subcommittee present yesterday at session for intellectual property of the State Duma Anatoly Semenov has declared that actually the new norm which forbids activity of independent importers is registered in the project of the decision of courts. It has explained daily that the question decision lies outside the limits of a problem connected with trade marks. “ Introduction of such norm is lobbied by foreign firms which are interested in monopolisation of the Russian market through the dealer networks “ - has told g - n Semenov. In its opinion if courts support official dealers, there can be a situation at which the private legal operators who do not have the consent of the legal owner on use of a trade mark, will be forced out from the market. Thus the Russian consumers will be compelled to buy import production at higher prices. Especially it concerns Far East region where the market of private import of cars of Japanese manufacture is developed.
summing up yesterday`s session of court, Anton Ivanov has declared that the position about it YOU should state in the near future in dispute between Open Company “ Genesis “ and customs where as the third party Porsche AG acts German. It is a question of that, import of car of Porsche Cayenne legally bought abroad without the consent of the manufacturer was how much lawful.