FAS: INTERACTION OF PARTICIPANTS OF E-COMMERCE MARKET WILL INCREASE EFFECTIVENESS OF THE FIGHT AGAINST COUNTERFEITING

It was stated by Maxim Shaskolsky, Head of FAS Russia, at the presentation of fair practices on interaction of marketplaces with copyright holders and sellers

Russian Corporate Counsel Association (RCCA), representatives of marketplaces, copyright holders and FAS Russia developed and presented practices on interaction of marketplaces with copyright holders and sellers in the framework of preventing the sale of counterfeit products. Their execution will increase the effectiveness of preventing the sale of counterfeit goods and protect intellectual rights on online platforms.

The list of practices provides for the right holder to make a control purchase and subsequent examination if he suspects that counterfeit products are being sold on the marketplace. In case of confirmation of the fact of forgery, a specific product may be withdrawn from sale. As part of fair practices, copyright holders are encouraged to actively use the "personal account of the brand" to identify "suspicious" products and interact directly with the seller.

Fair practices include the use of a system of "red flags", which will increase the probability of detecting suspicious products on marketplaces by the copyright holder. These are peculiar indicators, in the presence of which the copyright holder will be able to pay attention to signs of unfair competition and assess the feasibility of conducting verification measures. Such "flags" can be, for example, the presence of meaningful negative customer reviews, a significant number of returns of goods of inadequate quality and a number of other indicators.

Besides, the developed document is aimed at combating the copying and use by the seller of false claims that the composition, characteristics and properties of the goods are similar to those possessed by the original products.

As part of the application of fair practices, e-commerce market participants were invited to establish an exchange of information on the facts of the sale of counterfeit products confirmed by the courts.

FAS Russia emphasizes that the practices are open for accession and are created to protect the interests of bona fide market participants. The authority will ensure that the fair application of practices contributes to the development of competition and compliance with antimonopoly legislation.

* Non-profit partnership "Russian Corporate Counsel Association"