Counterfeit goods in Russia through the lens of court decisions

Analysis of the fight against fakes in Russia

Counterfeit goods in Russia through the lens of court decisions

Analysis of the fight against fakes in Russia

The survey's objective — is to visualize and analyze the fight at the court level against counterfeits in Russia (in cases of administrative and civil violations).

Data sources
Decisions of arbitration courts are publicly available. The registry of arbitration cases at kad.arbitr.ru records all cases tried by Russia's arbitration courts. It allows for a variety of search options: by case number, plaintiff, defendant, the start date of the proceedings, the type of dispute, the court's name, etc.

In light of these considerable advantages (openness and comprehensiveness of information), BrandMonitor launched
a study of arbitration court decisions on cases brought for the trafficking and sale of counterfeit goods in Russia.

Methodology
ABOUT THE PROJECT
Data coding
the data from 2017–2021 court decisions was analyzed and coded to identify the brands, amount and product type of the seized goods, etc.
Analysis of Russian regions
the survey analyzes Russian regions and the sphere of activity of the suing parties in civil proceedings for the years 2017–2021.
Rosstat data
along with the open data of court decisions, subjected to additional coding, the survey uses official data of the Federal State Statistics Service (Rosstat).
A database of arbitration court decisions with cases in the following categories was downloaded:

• "Administrative proceedings brought for trademark infringement"
(administrative violations);

• "Disputes concerning protection of exclusive trademark rights" (civil violations).

Coding of additional data in the court decisions:

• brand/trademark name,
• the category of the product,
• the number of seized items,
• the method in which the seized goods were disposed of (released to the defendant or confiscated),
• the value of the seized goods,
• the estimated damages to the trademark owner,
• the address of the point of retail sale or customs checkpoint where the seizure took place,
• the penalty type (a warning/fine (with amount)).

Stage
1
Stage
2
civil proceedings
administrative proceedings
the government
businesses
the government
businesses
Counterfeits are confiscated and destroyed
Number of cases
>23,000
Fines awarded
Fines awarded
>₽810 mn
>₽291 mn
"Disputes concerning protection of exclusive trademark rights"
The category of disputes
"Administrative proceedings brought for trademark infringement"
2020-2021
Years
2017-2021
Trademark owners
Suing parties
• Police
• Customs
• Prosecutor's office
• Rospotrebnadzor
• 80% – Police
• 9% – Customs
>21,000
the biggest fine
₽15.8 mn
the average Police-imposed fine
₽26,000
the average Customs-imposed fine
₽39,000
the median fine
₽27,000
the average fine
₽65,000
the biggest fine
₽48.3 mn
the probability of the claim
being granted in full or in part
73%
Police
69%
Customs
89%
the probability of the claim
being granted in full or in part
66,5%
the average fine
₽28,000
the median fine
₽25,000
DISCLAIMER

This report was prepared for the purposes of research and information only, and is not intended to promote, advertise, or undermine the reputation of any companies, goods, or brands. The information contained in the report does not constitute legal or other professional advice, nor was it prepared for any specific client. This information may not be used by any entity or individual as a recommendation or an instruction to act, but it can be used as an overview of the topic it discusses. For all data referred to in the report, consent was received from respective data owners. All data was rendered anonymous and aggregated in order to be used in this report for statistical purposes. We disclaim all liability for any losses or other negative consequences arising in relation to the use of this report as an instruction to conduct your business. This report is the intellectual property of Brand Monitor LLC. The report and/or any data contained therein may not be used without consent by Brand Monitor LLC or without a reference to the report and its authors.
>18.8 mn
units of counterfeit goods. >399,000 by Police, 17.6 mn by Customs
Regions that have taken the most action
• Krasnodarsky Krai
• Moskovskaya Oblast
• Stavropolsky Krai
The most faked product categories
• sporting goods (48%)
• apparel (8%)
• toys (7%)
Designer:
Anna Ilyina