Anti-counterfeiting and enforcement

Types of proceedings

What types of legal or administrative proceedings are available to enforce against infringing products?

The trademark owner may proceed with civil (court), administrative (police and anti-trust authority) or criminal enforcement against infringing products.

Remedies

What are the available remedies for infringement?

Depending on the proceedings, the trademark owner may have the following remedies:

  • preliminary injunction and permanent injunction;
  • compensation or damages;
  • seizure and destruction of counterfeit medicines;
  • publication of the court decision; or
  • fines and imprisonment (in administrative and criminal proceedings).
Border enforcement

What border enforcement measures are available to halt the import and export of infringing goods?

The Federal Customs Authority has the competence of border control with regard to importation and exportation of infringing goods. In this regard, trademark owners are recommended to record the trademarks in the Customs Register of Intellectual Property Objects.

Online pharmacy regulation

What rules are in place to govern online pharmacies?

Following the recent amendments in Russian law relating to covid-19 challenges, online sale of medicines was allowed. Specifically, Federal Law No. 105-FZ ‘On amending article 15.1 of the Federal law of information, information technologies and protection of information and the Federal law on medicines circulation’ allowed online sale of medicines, with the exception of:

  • prescription medicinal products;
  • narcotic medicinal products and psychotropic medicinal products; and
  • alcohol-containing medicinal products with a volume fraction of ethyl alcohol greater than 25 per cent.

 

Online pharmacies need to have state permits for pharmaceutical activity and the corresponding permission of the state regulator obtained within the special procedure. Non-compliance with the set requirements will result in blocking the websites that offer medicines.

Recent cases

What are the most notable recent cases regarding the enforcement of pharmaceutical marks?

In case А40-45102/10-143-385, the Russian court banned use of the pharmaceutical trademark OCUVITE by local defendants that commercialised biological food additives with the name OCOViT. The case involved the use of a social opinion poll report establishing that the names caused confusion among consumers.

Law stated date

Correct on

Give the date on which the above information is accurate.

11 November 2020.