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More than 80%
of online stores

are unauthorized and infringe
on intellectual property rights

Anti-counterfeiting

Counterfeit goods are products, production and/or commercialization of which is connected to intellectual property rights infringement. The most common example is marking of a product with a trademark without its rightholder's authorization. Detection and blocking of centers of counterfeit goods distribution is an effective measure for protection of the brand and its owner's goodwill.
According to the Civil Code of the Russian Federation, the rightholder enjoys the exclusive right to place his trademark on goods that are being produced and sold. This right extends to offering the trademark goods on the Internet. The goods that are being individualized by a trademark without its owner's authorization are considered to be counterfeit.
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Grey imports

Grey import is import of genuine (i.e. produced by the rightholder) goods to the territory of a country without the rightholder's authorization, bypassing the legal distribution channels. Contraband goods do not undergo certification procedures and are often crossing the border in conditions incompatible with the safety norms and thus can pose a threat to both the customers and the manufacturer's goodwill.
The principle of regional exhaustion of exclusive rights that is applied in the Eurasian Economic Union predetermines that even genuine goods can be legally considered counterfeit (and can not therefore be individualized by their trademark) if they were imported to the territory of the Union without the rightholder's authorization.
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Domain name management

Exclusive right to a trademark includes, among other powers, the power to use the trademark in a domain name. Domain names, being the main form of individualization of an Internet resource, play a significant role in website's perception by the customers. Illegal use of a trademark in a domain name is highly likely to decieve the online users and thus provides its administrator with an unfair advantage.
According to the Civil Code of the Russian Federation use of a trademark or a designation confusingly similar to it in a domain name without the rightholder’s authorization infringes on his exclusive rights and is, therefore, illegal. 

The mechanism of exhaustion of trademark rights means that if a vendor is able to demonstrate the history of his products’ acquisition (proving that they were ultimately bought from an official distributor), he will have the right to use the trademark for individualization of the offered goods.

However, exhaustion of rights applies only to specific products: without a licensing agreement the vendor still won’t be able to use the trademark in domain names and in other ways not related directly to the particular products that he offers for sale.

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False advertising

Use of trademarks in any type of advertising — contextual, banner-based or integrated in a website's content — is illegal as long as it is executed withoud proper authorization and independently of a specific legal goods item. Use of trademarks along with false claims regarding the official status of the website might be the basis for liability under Customer Protection Act of the Russian Federation.
Exclusive right to a trademark includes the right to use it in sale offers, in announcements and any forms of advertising.

According to Advertising Act of the Russian Federation, unfair and false advertising are prohibited. This includes advertisements violating antitrust laws or containing false informaton regarding the seller of the products or exclusive rights to the trademarks, by which such products are marked. Besides, provision of false information either about the sold goods or about the seller will also constitute violation of the Customer Protection Act.

For these reasons, use of trademarks in advertisements of counterfeit or illegally imported goods can involve responsibility under a wide range of legislative acts.
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BrandMonitor helps direct the buyers to authorized sales channels

D-I-V-E violation registration algorithm

1. Detecting content
Brand Monitor technological platform scans the web 24/7
2. Identification
Each detected webpage is processed by the automatic computer vision system
3. Verification
Brand Monitor specialists verify and confirm the status of the discovered instances of intellectual property use
  • Legal use
    of trademarks
  • Brand abuse
  • Counterfeiting
4. Enforcement
Confirmed infringements are registered in the automatic reporting system for subsequent legally relevant actions
  1. Registration
  2. Pretrial
    enforcement
  3. In-court
    enforcement
Brand Monitor technological platform scans the web 24/7
Each detected webpage is processed by the automatic computer vision system
Brand Monitor specialists verify and confirm the status of the discovered instances of intellectual property use
Confirmed infringements are registered in the automatic reporting system for subsequent legally relevant actions
1 / 4
Infringements from all sources
are processed
Advertising networks
Online marketplaces

Computer vision technology

The content of each discovered webpage is analyzed by Brand Monitor computer vision technology in order to identify trademarks and copyrighted images

Parsing of webpages
Image recognition
BrandMonitor
Logo Database
Trademark identification
Continuous tracking of
every infringement

enables 24/7 control over
online brand presence

The working procedure

Every instance of unauthorized intellectual property use is automatically registered and verified by a specialist.

The control over infringements' remedying includes:

1-4 day
4-9 day
7-13 day
11-18 day
1-4 day
4-9 day
7-13 day
11-18 day
1-4 day
4-9 day
7-13 day
11-18 day
1-4 day
4-9 day
7-13 day
11-18 day
1-4 day
4-9 day
7-13 day
11-18 day
1-4 day
4-9 day
7-13 day
11-18 day
1-4 day
4-9 day
7-13 day
11-18 day
Website admin notification.
Infringement review.
Handling of website admin’s objections.
Repeated website admin notification.
Hosting provider notification.
Handling of hosting provider’s objections.
Detection of additional traffic sources.
Communication with domain name registrar.
Preparation of pre-trial notifications.
1-4 day
Website admin notification.
4-9 day
Infringement review.
Handling of website admin’s objections.
7-13 day
Repeated website admin notification.
Hosting provider notification.
11-18 day
Handling of hosting provider’s objections.
Detection of additional traffic sources.
Communication with domain name registrar.
Preparation of pre-trial notifications.
Continuous tracking of
every infringement

enables 24/7 control over
online brand presence

Result
800 000

infringements remedied

96%

of infringing domain names blocked or undelegated

5 000

communities in social media blocked

30 000

illegal offers on online marketplaces removed

300 000

infringements remedied

97%

of counterfeit offers removed

85%

of parallel imported offers removed

45 000

illegal offers on online marketplaces removed

Category
«Sunglasses»
Category
«Wrist watches»
Category
«Sunglasses»
800 000

infringements remedied

96%

of infringing domain names blocked or undelegated

5 000

communities in social media blocked

30 000

illegal offers on online marketplaces removed

Category
«Wrist watches»
300 000

infringements remedied

97%

of counterfeit offers removed

85%

of parallel imported offers removed

45 000

illegal offers on online marketplaces removed

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