Only tightening the law will help to defeat counterfeit in Russia
In Russia, violators in case of administrative punishment can face a fine of 10 thousand rubles, and only in case of criminal liability, the term of imprisonment can be up to 6 years. But the law enforcement practice is such that it is extremely difficult to get criminal punishment.
Only in order to initiate a criminal case, the police need to prove that the damage was at least 250 thousand rubles and that the crime was committed intentionally, and even to identify all possible affiliates and parties
If in Moscow the Department for Combating Economic Crimes still somehow copes with the load, then in the regions manufacturers and sellers of fakes can feel completely safe. The same seller can be caught multiple times in the same crime - and still pay the same small fines if he uses different legal entities.
There are counterfeit products in all product groups. According to the Ministry of Economic Development of the Russian Federation, half of the auto parts on the Russian market are fakes, and this is more than 700 billion rubles a year. The turnover of illegal tobacco, according to Vlasta-Consulting, is estimated at more than 100 billion rubles a year. The budgets of all levels are losing hundreds of billions of rubles. But the bigger problem is that these products are dangerous. Surrogate alcohol with methanol, counterfeit, dummy drugs, fake airbags, counterfeit cigarettes - all this takes the lives of thousands of people.
Channels for counterfeiting to the Russian market are also not a secret. The common customs area of the Eurasian Union allows any volume of products from China to be imported to Russia through Kazakhstan and Kyrgyzstan almost without hindrance. According to the Ministry of Industry and Trade, the volume of unrecorded imports of clothing and footwear in Kazakhstan and Kyrgyzstan exceeds $ 5 billion a year, which is many times higher than the demand in these countries.
Digitalization of trade poses a serious risk of further growth of counterfeit products. In 2019, more than half a million online sources for the sale of counterfeits were closed. For example, it is extremely difficult to close public pages in social messengers due to the presence of many “reserve” groups. Counterfeit goods also end up on large marketplaces: the goods there are often sold not by the portal itself, but by some of the partners, and of course, the authenticity assessment is not carried out.
There are a lot of videos on the Web about how to sell goods from the wholesale and retail markets on marketplaces. At the same time, marketplaces act only as an agent between the client and the supplier. It is very difficult to bring such platforms to justice at the moment due to the peculiarities of the current legislation.
Law enforcement practice shows that the liberalization of the Criminal Code de facto deprived the police of the opportunity to fight counterfeit. And during the upcoming session of the State Duma, it is necessary to raise the issue of tightening it. Of course, we will not be ahead of China in the world ranking of leaders in counterfeit trafficking, but letting the situation take its course, the “honorable” second place for our country will remain for a long time.
Suppressed illegal production of motor oils with logos of known brands
Saint Petersburg police have suppressed illegal production of motor oils with logos of famous brands. This was reported by the press service of the main department of the Ministry of Internal Affairs. Two brothers were detained on suspicion of illegal use of trademarks: the director general of an organization that sells industrial chemicals, and the head of a warehouse at the same location. Underground warehouses and production facilities were located in St. Petersburg, Leningrad region and Sochi. More than 15 tons of motor oil, packaged in barrels and cans, were seized from the illegal trafficking. The police also found labels, seals, holographic stickers, containers and equipment for bottling and packaging products. A criminal case was initiated. The amount of damage exceeded 5.5 million rubles. Samples of the seized substances were sent for examination. All the circumstances of the case are currently being established.
In Saint Petersburg more than 180 thousand counterfeit automotive lamps seized
The illegal production of counterfeit car bulbs was suppressed in one of the warehouses on Svoboda Street in the town of Krasnoe Selo. This was reported by the press service of the main department of the Ministry of Internal Affairs of the Russian Federation for St. Petersburg and the Leningrad region. In total, the police seized more than 180 thousand counterfeit automobile bulbs, as well as industrial equipment, various components and documentation from illegal circulation. According to preliminary estimates, the damage is estimated at more than 50 million rubles. Currently, distribution channels for counterfeit products are being determined. Eight people have been identified who may be involved in the illegal activities.
Management of "Vlasta Consulting" company take part in the international conference "Swedish law day in Russia"
On December 5, 2019, the SCC and the Swedish Arbitration Association jointly organized a conference in Moscow, the purpose of which was to establish and expand ties between the Swedish and Russian legal communities by creating a platform for the open exchange of ideas and experience. Swedish law provides a neutral, predictable and cost effective framework for international trade. Swedish substantive law is still a preferred choice in international contracts involving Russian parties. Over the years, many Russian-related treaties have been governed by Swedish law, as a result of which many Russian lawyers have become familiar with Swedish law and also developed relationships with their Swedish colleagues.
XXXII international conference of the Russian detectives association
The best detectives of Russia held a scientific-practical conference. The conference of the Association of Russian Detectives brought together detectives from Russia and other countries. They discussed professional issues, the law on the work of private detectives and awarded the nominees for the "Detective of the Year" competition. In St. Petersburg, on November 26, a conference of the Russian Detectives Association was held. Detectives came here from different parts of our country, as well as from Germany, Serbia, Hungary and other states. According to the words of the President of the Association, if it is necessary to collect information, there is always a place for a detective to work.
Vlasta-Consulting takes part in the VII Minsk international forum for the protection of intellectual property
The Forum is an effective platform for public discussion of topical issues of intellectual property protection with the participation of representatives of state authorities, integration associations and the business community of the EAEU member states. This year the topics of discussion were strategies for promoting national brands in present times, prospects for commercializing intellectual property, law enforcement practices in the field of its protection, as well as conflicts of interest in this sphere in the context of international and national law.
Management of "Vlasta Consulting" company take part in the VII international forum "Anticontrafact-2019"
On November 12-13, Yerevan (Republic of Armenia), with the support of the Government of the Republic of Armenia and the Eurasian Economic Commission, hosted the Seventh International Forum "Anti-Counterfeiting-2019". The Forum is an open platform for communication between representatives of international organizations, government bodies, business and the public on the most important issues of protecting intellectual property rights, as well as countering the illegal circulation of industrial and agricultural products within the Eurasian Economic Union (EAEU). The program of the forum's events included a plenary session on the topic “Effective fight against counterfeit - increasing public health safety”, as well as thematic sections and round tables.
Suppressed production of fake motor oil in Balashikha
Police officers found a production of fake motor oil in Balashikha near Moscow, seizing about 5 tons of counterfeit goods. This was reported by the official representative of the Ministry of Internal Affairs of the Russian Federation Irina Volk. "It was established that the facility was located on the territory of an industrial zone on the Ob’Yezdnoye Highway of the city of Balashikha. When police officers examined the premises, an automated line was found, as well as more than 1,000 five-liter canisters with ready-to-sell products with signs of counterfeiting. Plastic containers were of poor quality, protective elements were absent, which is unacceptable for the original product. In addition, empty containers, labels of various brands, seals and invoices were seized. As a result of the examination of samples of motor oils, it was found that they did not meet the requirements of the technical regulations." According to Irina Volk, the amount of losses incurred by only one of the companies exceeded 1.5 million rubles. A criminal case was initiated under article 180 of the Criminal Code of the Russian Federation ("Illegal use of funds individualization of goods"), the organizers of illegal production and places of sale of counterfeit products are established.
Experience of Wabco in combating counterfeit in Russia
One of the WABCO partners encountered an obvious defect. The audit began with a test purchase, and unfortunately for counterfeiters, the WABCO partner specializes in information and legal services. The fraudsters thought they acted sly. They made fake desiccants, but they screwed the original cartridge onto them. That is, the consumer had no doubts, if only there was more than one subtlety: the method of applying the WABCO logo to the casting. It is on these nuances that manufacturers of fakes usually stumble, along with knowing little about the policies that manufacturing firms are pursuing. So, for consumer protection in 2015, WABCO registered a trademark at the customs of the Russian Federation. And since then, no one, with the exception of a number of authorized companies, can import products into the territory of the Russian Federation. To help customers easily identify original spare parts, WABCO has developed new special packaging. Thanks to WABCO's distinctive PrioSpot® code and the ability to use a simple online tool to check a unique serial number, the consumer can always be sure that they are using an original WABCO product. At the same time, with the new range of budgetary ProVia parts, alternatives have been offered specifically designed for used vehicles. These measures made it possible in September 2018 to identify a large batch of counterfeit air dryer cartridges in the Volga Federal District. The lucrative business was suppressed with the police in November last year in the trade facility "Avtomag-NN" LLC in Nizhny Novgorod on Fuchik Street, 38. It turned out to be a rich catch: one and a half hundred filters, taps and dryer kits, 33 repair kits in cardboard boxes and plastic bags, ABS system modulators. All products were marked with the WABCO trademark. The total prevented damage amounted to almost 2 million rubles. ... On February 27, 2019, the lawyers of Vlasta-Consulting LLC, on behalf of WABCO, supported the demands of the police to bring violators to justice. The proceedings in the case of illegal use of means of individualization of goods ended on March 4, 2019. Avtomag-NN LLC was brought to administrative responsibility under Part 2 of Art. 14.10. "Illegal use of means of individualization of goods." The punishment was a fine of 100,000 rubles and the confiscation of all counterfeit products. The Arbitration Court decision of the Nizhny Novgorod Region was made in full on March 4, 2019. The entrepreneurs did not use the opportunity to appeal, which expired on March 19, 2019.
Moscow region, workshop producing counterfeit oil for machines closed
In the Moscow region, police closed a shop where illegal migrants were engaged in the manufacture of counterfeit motor oil under the guise of well-known brands. According to the head of the press service of the Main Directorate of the Ministry of Internal Affairs of Russia for the Moscow region, Tatyana Petrova, the workshop and warehouse with counterfeit products were located in the industrial zone in Elektrogorsk. The police found an automated line for filling and packaging motor oil, over 15 tons of petroleum products, over 6,000 packages of ready-to-sell products and labels of various brands. According to preliminary data, the copyright holders suffered about 8 million rubles of damage. For shop workers, 9 natives from neighboring countries who did not have a work permit and lived in unsanitary conditions, protocols were drawn up under Art. 18.8 and 18.10 of the Administrative Code of the Russian Federation. They will be deported from Russia.
Cartridge scam for an sum of over 100 mln rubles
"Employees of the Main Directorate of Economic Security and Anti-Corruption of the Ministry of Internal Affairs of Russia, together with colleagues from the Republic of Tatarstan, suppressed the activities of an organized group whose members set up the production and sale of counterfeit consumables for office equipment under the guise of products of world famous brands," said Irina Volk, a spokesperson for the Russian Ministry of Internal Affairs. It was established that the illegal activity was carried out in a residential building in the Istra district of the Moscow region. Warehouses with finished products were located in the Moscow region, the Chuvash Republic, as well as in the republics of Mari El and Tatarstan. “When inspecting production and storage facilities, equipment was found and seized, including a machine for burning logos, holograms of well-known foreign manufacturers, packaging materials, more than 100,000 counterfeit cartridges, system units and financial documents. According to preliminary estimates, the copyright holders suffered damage of over 100 million rubles,” said Irina Volk. The main investigation department of the Ministry of Internal Affairs in the Republic of Tatarstan has initiated criminal cases under parts 3 and 4 of article 159, part 3 of article 180 of the Criminal Code of the Russian Federation. Ten active members of the group were detained. In regards to five of them, a preventive measure was taken in the form of detention, the rest are under recognizance not to leave and proper behavior. The measures aimed at establishing all the circumstances of illegal activity are underway.
Counterfeit engine oil sold as a global brand in Irkutsk
Transportation police have stopped the sale of counterfeit motor oils under the trademarks of well-known world manufacturers, as reported by the East Siberian Linear Directorate of the Ministry of Internal Affairs of Russia in transport. Counterfeit motor, hydraulic and transmission oils were supplied to Irkutsk by rail for subsequent sale in the Irkutsk Region and Buryatia. Transport police, together with SOBR of the Russian Guard in the Irkutsk region, conducted searches in the office and warehouse premises of commercial organizations in Irkutsk involved in the sale of counterfeit goods. About 3 tons of falsified engine oil prepared for bottling, over 100 canisters of finished products, counterfeit marking and printed products, as well as other items and documents of evidentiary value in a criminal case were found and seized. According to preliminary estimates, the copyright holders suffered damage in the amount of over 1 million rubles. Criminal cases were initiated under Article 159 (fraud) and Article 180 (illegal use of a trademark) of the Criminal Code of the Russian Federation. All accomplices of illegal activities are identified.
In Kazan eliminated large illegal production of motor oils over 80 mln rub
Employees of the Ministry of Internal Affairs of Russia, together with police officers from the Republic of Tatarstan, detained suspects in the production and sale of counterfeit motor oils under the brands of well-known world manufacturers. “On the territory of the cities of Moscow and Kazan, more than 30 searches were carried out in the office, industrial, warehouse premises, as well as in the places of residence of the intruders. More than 17 tons of engine oil were found and seized,” said Irina Volk, an official representative of the Russian Ministry of Internal Affairs. Documentation and other items of evidentiary value for a criminal case were also seized. The total amount of damage to copyright holders amounted to over 80 million rubles. A criminal case was initiated under Part 3 of Art. 180 of the Criminal Code of the Russian Federation; three detained defendants were released on recognizance not to leave.
Samara region, police officers stopped the sale of counterfeit motor oils
"As part of the investigation of the criminal case opened under Part 3 of Article 180 of the Criminal Code of the Russian Federation on the fact of the illegal production of motor oils of various names, the police established the location of another premise in the village of Voznesenskoye, Nizhny Novgorod Region, where counterfeit products were stored," said the official representative of the Ministry of Internal Affairs of Russia Irina Volk. Employees of the Department of Economic Security and Anti-Corruption of the Main Directorate of the Ministry of Internal Affairs of Russia for the Samara Region found and seized barrels and cubic containers with oil stored in the warehouse with a total volume of more than 55 thousand liters with applied trademarks of various manufacturers, empty barrels with labels and markings, lids, as well as financial - business documentation. As established by the police, the warehouse belongs to four residents of the Nizhny Novgorod region. As previously reported, in August 2017, police officers stopped the sale of counterfeit motor oils in the Samara region. It was established that illegal production of motor oils of various names was organized in the city of Togliatti. On suspicion of committing an illegal act, the police detained two local residents. Plastic cans, barrels of oil, conveyor belts, empty boxes and labels with trademarks of oil manufacturers were seized from the territory of two warehouses. Currently, the police are investigating the supply channels for counterfeit products.
In Togliatti police employees stopped large-scale production of counterfeit motor oils
Employees of the Main Directorate for Economic Security and Anti-Corruption of the Ministry of Internal Affairs of Russia and for the Samara Region, with the forceful support of the special forces of the Russian Guard, suppressed the activities of an organized group suspected of illegally manufacturing on an industrial scale and selling counterfeit motor oils that do not meet the requirements of technical regulations, reported today Irina Volk, official representative of the Ministry of Internal Affairs of Russia. It was established that the production and storage of counterfeit products was carried out in one of the hangars on the territory of an industrial zone in the outskirts of Togliatti. The finished products were sold under the brands of well-known world manufacturers in all regions of the country. In the production and warehouse premises of the illegal workshop, operational-search measures were carried out, during which plastic containers with a volume of 1000 m3 each were found, of which 120 were filled with counterfeit motor oil, about 300 metal 200-liter barrels with fuel, in a large number - labels of various manufacturers of motor oils, metal lids from barrels with brand names, devices for sealing and marking, the press service of the Ministry of Internal Affairs of the Russian Federation. Based on the results of the examination, the seized products were found to be inconsistent with the originals. On the basis of the collected materials of the Investigative Directorate of the Ministry of Internal Affairs of Russia for the city of Togliatti, Samara Region, a criminal case was initiated under Article 3 of Art. 180 of the Criminal Code of the Russian Federation. According to preliminary data, the amount of damage caused to the copyright companies exceeds 1.5 million rubles.
In Novosibirsk police supressed illegal production of coffee beverages
Employees of the Department of Economic Security and Anti-Corruption of the Department of the Ministry of Internal Affairs of Russia for the city of Novosibirsk suppressed the activities of an illegal workshop that produced a coffee drink under a well-known brand, said the official representative of the Ministry of Internal Affairs of Russia Irina Volk. The conveyor was equipped on the territory of one of the industrial zones of the regional center. Counterfeit products were sold in wholesale markets of the city and sent to neighboring regions. Discovered records of "black accounting" indicate that production volumes reached half a million sachets of the drink per month. The operation to detain the organizers and members of the organized group was carried out by the police and special forces of the Russian Guard at the same time of production and sale of counterfeit products.
Law enforcement bodies supressed the activities of an underground sewing shop in the south-east of the capital. the offensers sold the products in Moscow at the trade and fair complexes
In the SEAD, the police stopped the activities of the workshop for sewing and selling textiles with illegal use of the trademarks of famous brands of sportswear. This was announced by the official representative of the Ministry of Internal Affairs of Russia Irina Volk. According to her statement, finished products were sold on the territory of trade and fair complexes. On this fact, a criminal case was initiated under Art. 180 of the Criminal Code of the Russian Federation. Police officers seized about 9,000 copies of counterfeit textile products. The damage caused to the copyright holder is about 7 million rubles. The organizers of the illegal business were two newcomers from a neighboring country.
The large-scale production of falsified light industry goods stopped
“Employees of the Main Directorate of Economic Security and Anti-Corruption of the Ministry of Internal Affairs of Russia, together with colleagues from the Directorate of Economic Security and Combating Corruption of the Ministry of Internal Affairs of Russia in the Moscow Region, with the forceful support of the “Zubr” OMON, suppressed large-scale production of counterfeit light industry goods. It was established that the products, including items of children's clothing, were manufactured in the premises of a former cowshed located in the village of Lobanovo, Moscow Region. More than 50 immigrants from the countries of South-East Asia worked and lived at the sewing production in unsanitary conditions. No permits for conducting entrepreneurial activities, nor documents confirming the legality of the presence of migrants on the territory of the Russian Federation, were provided. In relation to labor migrants, a check is being carried out on the facts of violation of migration legislation.
Law enforcement authorities closed 8 workshops for sewing counterfeit clothing of famous trademarks with illegal workers
Employees of the Department Of Economic Security And Counteraction CorruptioN of the Ministry of Internal Affairs of Russia identified 8 workshops for sewing counterfeit clothes of well-known brands, in which illegal workers worked ", - said the official representative of the Ministry of Internal Affairs of Russia Irina Volk. In Orekhovo-Zuev, near Moscow, 240 foreigners without registration were detained on the territory of an underground workshop. "Eight workshops for sewing counterfeit clothes of famous brands, in which illegal workers were working, have been identified." During the inspection of the premises, operatives found and seized more than two thousand items of clothing, including jackets, tracksuits and children's clothing. A criminal case was initiated under the article “Organization of illegal migration”. The seized products were sent for examination.
Employees of law enforcement bodies discovered and closed underground production of instant coffee in Bryansk region
“During an inspection carried out by police, it was established that instant coffee with signs of falsification is being produced in the Dyatkovsky district of the Bryansk region,” said Irina Volk, an official representative of the Russian Ministry of Internal Affairs. The employees of the Ministry of Internal Affairs of Russia in the Bryansk region, together with colleagues from the Federal Service of the National Guard of the Russian Federation, stopped the illegal activities of the enterprise. 4970 cans of ready-to-sell coffee, 25306 units of empty containers, lids, stickers, as well as an automated line for filling and packaging were withdrawn from illegal circulation. On this fact, an administrative offense case was initiated, and seized products were sent for examination within the framework. According to its results, a criminal case was initiated on the grounds of a crime under Art. 180 of the Criminal Code of the Russian Federation. Measures are being taken to identify the organizers of the illegal production and to bring them to justice.
Activities of illegal production of household chemicals of famous brands stopped
Police near Moscow in Zhukovsky closed an illegal production of household chemicals, which was disguised as a woodworking enterprise. Detergents, fabric softeners, shaving foam, and even razors were made from dubious ingredients in the undercover shop. The volumes of counterfeit products were calculated in tons. Dealers marked containers with labels from well-known manufacturers. The liquid, passed off as legal household chemicals, is now being investigated for contents in the laboratory. And the illegal production facility ceased its work. “When inspecting the premises, the police found production lines for bottling detergents and packaging of washing powders, as well as details for the manufacturing of over 10 thousand counterfeit units and about two thousand units of finished counterfeit products under the logos of well-known brands with signs of counterfeiting,” said Irina Volk, official representative of the Ministry of Internal Affairs of Russia. The organizer of the illegal production has also been identified. An enterprising 45-year-old resident of Lyubertsy has now become a defendant in the criminal case. He faces a fine of up to 300 thousand rubles or imprisonment for up to two years. The police will have to find out where the accused managed to sell the counterfeit products.
Underground production of motor oils with a turnover of 12 bln rubles per year closed in Moscow
Law enforcement agencies have discovered and closed the illegal production of motor oils in Moscow and Moscow region, according to the website of the Ministry of Internal Affairs. According to preliminary estimates, the criminals' income was about 1 billion rubles a month. Motor oils that did not meet the requirements of technical regulations were produced on an industrial scale in the capital and in the Solnechnogorsk district of Moscow region. The workers were mostly immigrants from the countries of Central Asia. The finished products were sold under the brands of well-known world manufacturers in all regions of the country. Employees of the Anti-Corruption Department, with the support of riot policemen, conducted 16 searches in the premises of production, storage and sale of counterfeit goods, as well as in the offices and places of residence of the persons involved in the case. The raids uncovered 3 automated lines for bottling and packaging of motor oil, more than 70 tons of petroleum products, over 80 thousand packages of ready-to-sell products, large quantities of branded plastic containers and labels of various brands, as well as accounting documents and seals of more than 30 legal entities. The removal of the seized products took place over several weeks. On the basis of the collected materials against the members of the group, the Main Investigation Department of the Main Directorate of the Ministry of Internal Affairs of Russia for the Moscow Region opened a criminal case on the grounds of a crime under Part 3 of Art. 180 of the Criminal Code of the Russian Federation "Illegal use of means of individualization of goods, committed by an organized group."
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