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19 January 2015

For the first time in Russia a trademark’s owner claim was declined because of customs procedures had not been properly fulfilled so import of goods was not acknowledged as accomplished

Arbitration Court of Primorskiy krai for the first time in Russia ruled that import of goods was not accomplished, if customs entry had not been filed with regime "release into free circulation".

A Japanese manufacturer of diapers sued a Russian company for a use of a trademark and claimed a compensation for the use of a trademark, seizure and destruction of distrained goods. The plaintiff was represented by the law firm “Gorodisskiy and partners”. Defendant was represented by the law firm “Arkona”.

Defendant’s legal position was based on the fact that the company had not ordered goods in question, it had been added to the order by mistake. That’s why customs entry for the goods was not filed. It was discovered by customs officer during customs inspection. With reference to a legal viewpoint of the Presidium of the Supreme Arbitration Court of the Russian Federation the court explained that an import consists of two actions: crossing the border and filing customs entry with regime “release into free circulation”.

The defendant did not file the declaration so there is no import in his actions (the claim was grounded on the fact of import)

On this ground the court rejected the claim and removed an attachment.

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