Anti-Monopoly Legislation and Economic Support Under the Current Conditions

06/30/2022

Anti-Monopoly Legislation and Economic Support Under the Current Conditions

KEY CONCLUSIONS

Parallel import is an important aspect of relieving sanction pressure

“We live in a situation where parallel import is real. Under the current conditions it is a survival prerequisite for certain industries,” Sergey Puzyrevsky, Secretary of State – Deputy Head, Federal Antimonopoly Service of the Russian Federation (FAS Russia).

“The problem of parallel imports and its legalization is partly exaggerated. We had – and still have – two mechanisms to protect the rights holders. One is through the inclusion of trademarks in the customs register of CRIPO [Customs Register of Intellectual Property Objects. – Ed.]. The other is through the right that exists under international conventions, when the customs always have the opportunity to suspend the declaration of goods and check for signs of counterfeit,” Wilhelmina Shavshina, Associate Partner, Head of International Trade and Customs in CIS, Company B1.

Anti-monopoly activities should not limit market competition

“We cannot give up on developing competition,” Sergey Puzyrevsky, Secretary of State – Deputy Head, Federal Antimonopoly Service of the Russian Federation (FAS Russia).

“We would like to ensure non-discriminatory access to suppliers of different types of services. It should not only be affiliated companies from both the financial and non-financial sectors, but the broadest possible pool of suppliers that meet the basic conditions of quality and financial stability,” Vladimir Chistyukhin, First Deputy Governor, The Central Bank of the Russian Federation (Bank of Russia).

PROBLEMS

Lack of business regulation

“Today, when the foreign <...> infrastructure that we used to get information is gone from the Russian market, we need to have an alternative. Otherwise, we will use biased data, which can definitely lead to big problems in terms of competition and determining the real value, price dumping and other actions,” Vladimir Chistyukhin, First Deputy Governor, The Central Bank of the Russian Federation (Bank of Russia).

“The period during which a person can be held liable for a violation of the general rules of competition in a cross-border market is now three years from the date of commission or discovery of the violation. This is a negligible and ridiculous period,” Aleksey Sushkevich, Director of the Department for Antitrust Regulation, Eurasian Economic Commission.

Violations of intellectual property regulations

“There is no supranational regulation of intellectual property circulation in the Eurasian Economic Union today. <...> Unfair competition with the use of other people's intellectual property is a common type of behavior,” Aleksey Sushkevich, Director of the Department for Antitrust Regulation, Eurasian Economic Commission.

“The problem of parallel import has been discussed for over ten years. It is not the CRIPO that imposes a ban on parallel imports, but the civil code, which tells us when the right holder has exhausted their rights. If the product is introduced in Russia then the rights are exhausted, and if not, then the product which is produced by the original manufacturer, can be recognized as a counterfeit. This situation is not entirely legally correct,” Sergey Puzyrevsky, Secretary of State – Deputy Head, Federal Antimonopoly Service of the Russian Federation (FAS Russia).

SOLUTION

Soft regulation of IP turnover

“Our behavioral prescriptions may include voluntary abandonment of a registered trademark if it is confusingly similar to someone else's mark. An offer to enter into a franchise agreement and legally transfer to a foreign company from another Eurasian Union member state the rights to use intellectual property registered under the laws of another state,” Aleksey Sushkevich, Director of the Department for Antitrust Regulation, Eurasian Economic Commission.

Companies should watch out for illegal usage of its properties

“It is necessary to join CRIPO. If rights holders care about their reputation and do not want to allow counterfeit products to circulate – now counterfeits are so impressive that they cannot be distinguished from the original – rights holders need to adjust the settings of CRIPO and give as many descriptions of the criteria and differences between the original and counterfeit goods as possible. Then they will save their reputation and help us as consumers,” Wilhelmina Shavshina, Associate Partner, Head of International Trade and Customs in CIS, Company B1.

For more information, visit the Roscongress Foundation’s Information and Analytical System roscongress.org