5. The Protection of an Appellation of Origin

Article 1537. Liability for the Illegal Use of an Appellation of Origin

1. A right holder is entitled to claim the withdrawal from transactions and destruction on the account of an infringer of counterfeit goods, labels and packages of goods on which an illegally used appellation of origin or a designation similar thereto to the extent of confusion is placed. Where the introduction of such goods in transactions is required for the public interest the right holder is entitled to claim on the account of an infringer the removal of an illegally used appellation of origin or a designation similar thereto to the extent of confusion from counterfeit goods, labels and packages of goods.

2. A right holder is entitled to claim compensation at his/it own discretion from an infringer in place of a reimbursement of damages:
1) in an amount of 10,000 to 5,000,000 rubles as determined at the court's discretion depending on the nature of the infringement;
2) in the amount of double value of the goods on which the appellation of origin was placed illegally.

3. A person applying warning marks to an appellation of origin that has not been registered in the Russian Federation shall be liable in the procedure set out in the legislation of the Russian Federation.

 

 

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Office 610, P.O. box 27, Moscow, Russia, 107113

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Official site IPPRO.ru

E-mail: ip@ipprolaw.com, Skype ipprolaw