To further assist those seeking advanced brand protection solutions throughout the world, Gowling WLG has prepared comprehensive anti-counterfeiting guides specific to each region in which they operate.

These guides outline the anti-counterfeiting legal frameworks unique to each jurisdiction - including with respect to border measures, criminal prosecution and civil enforcement - while also highlighting preventive strategies to help you grow your brand with confidence.

Below is an except from the guide, please visit gowlingwlg.com/anti-counterfeiting-country-guides, to download the full guide.

Introduction

According to a recent report from Red Points, the volume of counterfeit goods worldwide has increased by 40% over one year from 2018 to 20191 . The TIAR-Center analytic firm in turn reported that in 2019 the total volume of the counterfeit market in Russia amounts to 5.2 trillion RUB (approx. $66bn USD), which is comparable to 4.7% of the country’s GDP.

Counterfeits affect most economic sectors with the hardest hit being children’s toys (35%), apparel and footwear (29%), electronics (17.5%), batteries (15%), household chemicals (12.5%) and perfumery/cosmetics (10%)2 .

Legal Framework

Russia is a civil law country and its legal system is based on codified procedural and substantive laws. The relevant national legislation entails criminal, administrative and civil liability for counterfeiting. The core provisions are primarily set out in:

  • Part IV of the Civil Code (230-FZ) of December 18, 2006;
  • Criminal Code of the Russian Federation (63-FZ) of June 13, 1996;
  • Code of Administrative Offences (195-FZ) of December 30, 2001; and,
  • Law on the Protection of Competition (135-FZ) of July 26, 2006.
  • The laws pertaining to the enforcement of intellectual property rights at the border are provided for in the following enactments:
  • Customs Code of the Eurasian Customs Union – the Code sets out the customs control procedures;
  • Federal Law on Customs Regulations – this law sets out the available measures for the protection of intellectual property;
  • Administrative Regulations – establishes the procedure for the maintenance of the Customs Register of Intellectual Property.

In addition, major international treaties in the field of IP, i.e. the TRIPS Agreement, the Paris Convention, the Madrid Agreement and the Protocol to the Madrid Agreement, the Berne Convention, the Rome Convention, the Phonograms Convention and others are an integral part of the Russian legal system.