According to Article 46 of the TRIPS Agreement the judicial authorities shall have the authority to order that goods that they have found to be infringing be, without compensation of any sort, disposed of outside the channels of commerce in such a manner as to avoid any harm caused to the right holder, or, unless this would be contrary to existing constitutional requirements, destroyed. The judicial authorities shall also have the authority to order that materials and implements the predominant use of which has been in the creation of the infringing goods be, without compensation of any sort, disposed of outside the channels of commerce in such a manner as to minimize the risks of further infringements.
Legislation of the Russian Federation provides quotas govern that counterfeit copies of works and turn materials and implements the predominant use of which has been in the creation of the infringing of the intellectual rights shall be disposed of outside from commerce turn (point 5 of Article 1252 of the Civil Code of the Russian Federation).
Indicated actions may be realized by decision of court. Herewith legislation of the Russian Federation may comprise quotas allowing to exact to income of state materials and implements the predominant use of which has been in the creation of the infringing of the intellectual rights. In particular in cases when introduction in commerce turn such goods is necessary for public interests, rightholder shall have the right to demand removal at the expense of the infringer of counterfeit goods, labels, and packaging of the goods on which an unlawfully used trademark or indication similar to it to the point of confusion according to point 2 of Article 1515 of the Civil Code of the Russian Federation. In other words, in cases when goods on which counterfeit trademark are necessary for state in societal interests (e.g. on social need to children's community etc.) than counterfeit trademark are deleted and subject by recovery to income of the Russian Federation.
