KAMAZ: Interaction with information brokers has become automatic
A large share of sales of any product today accounts for the Internet. One of the main sources of sales channels is the website of a company or an individual who offers this or that product on the Internet.
A large share of sales of any product today accounts for the Internet. One of the main sources of sales channels is the website of a company or an individual who offers this or that product on the Internet. At the same time, if the seller is honest and is playing a fair game, then the site will contain the TIN, contact addresses, phone numbers, legal address, bank details, etc. In this case, for any legal service, when identifying the fact of the use of their trademark, it is not a problem to contact the site owners with the specified details and to carry out the claim work in order to resolve the existing issue. However, most often violating sites intentionally hide their contacts and details of the stakeholders, put nominal directors at the head of the company in order to avoid legal, tax and other liability. This includes liability for the unlawful use of trademarks or the counterfeit good sales.
Under such conditions, when it is legally unknown who is the site owner, where the organization that sells the products is located, it is almost impossible to carry out legal claim work in a classic way to stop the illegal use of a trademark on this site.
In this regard, on behalf of the KAMAZ PJC security service, BRANDPOL GROUP LIMITED has developed a tool that allows interaction with information brokers that help fraudsters to distribute counterfeit products under the KAMAZ PJC brand.
Eduard Fedosov, Managing Partner of BRANDPOL GROUP LIMITED: “We very much appreciate the cooperation with KAMAZ PJC, including the fact that we are constantly assigned with the most difficult tasks, but working with such a Customer only develops our company and makes the legal design of our BRANDPOL system more efficient and effective. As a result of the work of our legal service and the legal service of our partners, as well as some of the largest information brokers in the territory of the Russian Federation, we have developed a legal mechanism whereby the information brokers have a legal basis to suspend, at our request, the support of websites that do not confirm the legitimacy of using trademarks on their resources.
This tool makes it possible to solve several problems:
- Remove financial and legal risks from information brokers, since under the Russian law any information broker bears joint and several liability in the amount of up to 5 million rubles in case of a lawsuit filed by the copyright-based company and the involvement of brokers as co-defendants.
For the reference:
“A person transferring material in an information-and-telecommunication network, including the Internet, a person providing an oportunity for posting material or information necessary to receive it using the information-and-telecommunication network, a person providing access to the material in this network, is an information broker, and is responsible for the infringement of intellectual rights in the information-and-telecommunications network on a general basis provided by this Code, if guilt is proven."
- Stop the illegal use of a trademark on the specific site and, as a result, eliminate the violation of the law, which could entail bringing the site owners to administrative and criminal liability, and cause material losses.
Due to the fact that the volume of sites selling the KAMAZ PJC products, which originality is doubtful, is quite large, it is almost impossible to do such work by traditional methods in manual mode. Therefore, BRANDPOL GROUP LIMITED programmers have automated the interaction with the information brokers. Now all the work is done automatically, but under the control of experienced managers. Such an approach made it possible to greatly facilitate the problem solution of ensuring the protection of the legal rights and interests of KAMAZ PJC on the Internet.