Wednesday, November 26, 2008

The Supreme Arbitration has decided not to interfere with the Russians to engage in shopping abroad

Individuals and companies still will be able to import into Russia purchased abroad branded things for their own needs without special permission from the owners of trademarks. The Supreme Arbitration Court (IAC) has revised the draft resolution of the plenary EAC and the Supreme Court of Russia, which originally imposed the ban in effect even on an ordinary shopping. However, this would not apply to goods imported for resale, writes Kommersant.

As it became known publication, the project co-ruling the Supreme Court of the Russian Federation and the EAC on the fourth of the Civil Code of exclusivity, will be publicly discussed on the podium EAC 15 Jan., 2009. The latest version of the draft to be adopted by the presidium meeting, differs substantially from the original.

A major processing have been, in particular, the clarification of provisions on the import of goods in Russia, marked trademarks, without the express permission of the owner of rights to these characters. Initially, the project would take the import of violation of any brand product, which is a natural or legal person lawfully acquired abroad, but did not receive special permission to import the goods into Russia. During that threatened to confiscation of goods under st.14.10 of the Administrative Code ( "Illegal use of the trademark").

Now, the draft makes a distinction between the importation of brand affairs for their own needs and import goods for commercial use. Bring things for themselves can as individuals and companies, no special permits trademark owners are not require.

However, experts point out that clear criteria on which customs officials distinguish between goods for personal and commercial use, has not yet been worked out. Therefore, Customs officers will be able to evaluate the different objectives of the importation of goods taken, for example, two or three mobile phone for commercial shipment.

In arbitration is now considered a number of cases of confiscation of cars imported into Russia without the permission of the owners of trademarks. Customs officers detained the vehicles imported by companies and entrepreneurs in a single copy, ostensibly for their own benefit.

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