The Russian state has authorised counterfeit Western goods in retaliation to sanctions imposed on Russia in connection with the aggression against Ukraine. The fight against Russian counterfeits will be very difficult for companies because it is more about politics than law. Lawyers simply say that it is a battle that can not be won according to “Prawo.pl” legal news website.
Companies from various industries are withdrawing from Russia. Among them were Apple Ikea, McDonald’s, UPS, Visa and Mastercard, and Polish companies including CCC, Smyk and LPP.
Russian companies have also started to register trademarks confusingly similar to well-known international brands. And this is just the beginning of the war on counterfeiting, the website stressed.
An indication of what to expect from Russia is evident in the case of Peppa Pig, where a Russian court dismissed a lawsuit by Entertainment One, the owner of the Peppa Pig trademarks, citing sanctions imposed on Russia by the United Kingdom, thereby allowing the exclusive rights of the British company to be violated with impunity.
The legalisation of piracy
The decree not only allowed “legal” counterfeiting but also nullyfied any compensation that the owner of such an exploited brand could claim. Thus, the owner of a right to a patent, utility model or industrial design from a “hostile state” was deprived of any form of compensation for the use of his rights without the required consent.
In addition, another decree issued a few days later, announced the creation of a list of brands that will not be protected.
This list has not yet been published. “Such normalisation will, in turn, mean a complete legalisation of so-called piracy.” Monika Witkowska, patent attorney at Law and Patent Office Kulikowska & Kulikowski Sp. K., told the “Prawo.pl” website.
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