États-Unis d'Amérique

Fédération de Russie

Droit d'auteur et droits connexes

Follow-up to Question 20: We understand this to be a question related to TM-counterfeit goods but would like clarification about what "societal interests" would be considered appropriate for counterfeit goods to be recovered; what would happen to those goods; and who might benefit from that recovery (We do not understand the meaning of the phrase "subject by recovery to income of the Russian Federation.")

The provisions of clause 2 of article 1515 of the CC RF establish a removal from circulation of goods at the expense of an infringer. The exception is made for cases when commercialization of such goods is necessary for public interests. In this case a trademark which is being illegally used must be erased from goods, labels and packages at the expense of infringer. The public interest may be determined only by the Court or Governmental authority. For example, in the case of natural catastrophe or disaster. Expression «to the state revenue» according to the Article 1515 of the CC RF is not used. The «commerсialization» term is used in CC RF regarding not only for questions connected with commercial benefit, but in general sense regarding possibility of making a deal with such goods (including free deals) (Article 129 of the CC RF). In case a Court or any Governmental authority sets a necessity of use of goods for the public benefit, so in these cases there is no way to get commercial benefit.