The deletion from the draft of the new administrative code provisions on liability for unlawful use of means of individualization of goods creates problems to the owners, pose a threat to consumers and can cause economic damage to the state. About the Association “RusBrand” said the head of the justice Department Konstantin Chuichenko. Business fears that the customs authorities will not be able to stem the growth of counterfeit goods and reduce the efficiency penalties for trafficking in illegal products, due to which its market share can grow. The Ministry of justice claim that the revised Cao will include the necessary provisions to combat counterfeiting.About the problems in the sphere of protection of trademarks and anti-counterfeiting faced by conscientious producers in the case of adoption new edition of the administrative code, the Executive Director of “RusBrand” (includes Procter & Gamble, Nestle, Unilever, Coca-Cola, PepsiCo, etc.), Alex Popovici said the head of the justice Department Konstantin Chuichenko. A copy of the letter is “b”. As noted in the letter, the greatest concerns of rights holders related to the fact that the new draft of the administrative code does not contain provisions similar to article 14.10 of the current edition of “Unlawful use of means of individualization of goods (works, services)”.The tools currently provided to law enforcement agencies and brand owners mentioned article of the administrative code, the most effective element in combating the spread of fake and substandard products in the retail market, says Mr. Popovici. Their loss, he believes, will significantly reduce the effectiveness of the relevant case law.So, with the exception of the administrative code of administrative responsibility for illegal use of means of identification will not allow the customs authorities to prevent imports of counterfeit goods, the letter says. According to customs, which are in circulation in 2018 identified 16.2 million units of counterfeit products and opened 1,25 thousand Affairs about administrative offences in the sphere of intellectual property. The absence of the provisions of article 14.10 in the new edition of the administrative code will lead to the fact that persons regularly engaged in the trade in counterfeit products in volumes, the cost of which may not qualify as major damage, will not be held responsible under article 180 of the criminal code “Unlawful use of means of individualization,” says Alexey Popovichev. As a result, he said, the situation creates problems for copyright holders, threatens the health and well-being of consumers and the detriment of the state.As noted by Mr. Popovichev, including the adoption of article 14.10 of the administrative code and article 180 of the criminal code at the time allowed to ensure a significant reduction in the proportion of counterfeit goods in the consumer market of the Russian Federation to 2010 years. Now, he adds, again a threat of increasing rates, which can be especially noticeable in the crisis, when buyers seek to save money, and sellers of counterfeit goods aktiviziruyutsya. Fears of “RusBrand” is quite clear, says the lawyer Forward Legal Lyudmila Lukyanova. According to her, from customs statistics show that the number of offenses related to the importation of counterfeit products every year is increasing on average 30-40%. The number of claims from copyright holders for damages and compensation is also increasing every year, she adds. MS Lukyanova confirms that the abolition of the norms on administrative responsibility for illegal use of trademarks will be harder for brand owners to protect their rights. As noted by the lawyer, in other countries the legislation on the fight against violation of intellectual property rights develops and tightened. The appeal of “RusBrand” pending, reported “Kommersant” in the Ministry of justice. In the Ministry assert that have returned to these provisions in the new draft Cao, which is now at revision.Anatoly Kostyriv
