The true attitude of Russians towards domestic producers

The domestic manufacturer is alive. The domestic producer will live.

The results of the IOM Anketologist survey show that 45% of Russians prefer domestic goods over foreign ones when buying, and 17%, on the contrary, are more loyal to foreign manufacturers. We note a rather interesting feature: a specific country producing a particular product is significant when buying it for 56% of respondents, and only 15% do not pay attention to this fact. Imported producers are not only being gradually squeezed out of the commodity markets, but also out of the minds of Russians.

In general, Russian manufacturers received positive assessments from 86% of respondents (22% are absolutely positive, another 64% are rather positive). Another significant and very positive indicator: 29% of respondents are completely sure that the domestic manufacturer will be able to provide the country with everything necessary in the near future, another 44% are confident enough in this.

Trust but check!

But the level of trust in products, depending on its manufacturer, varies quite significantly. 77% of respondents showed their trust in Russian goods (12% trust completely, another 65% have a partial level of trust). Foreign-made goods received 66% of Russians' confidence reviews, which already indicates a change in the main consumer preferences of the country's population.

The largest percentage of respondents (79%) showed their confidence in goods produced by Russian companies together with foreign partners as a quality standard. Least of all, Russians trust goods made by domestic companies, but under a certain foreign brand, a kind of mimic brand.

Preferences and wishes

According to the results of the survey, Russians most often try to buy domestic goods in such categories as food (84%), medicines (51%), soft drinks (50%), jewelry(42%) and hygiene items (39%). However, the demand for Russian goods continues to increase. Therefore, respondents would like to see more domestic products in categories such as clothing (57%), medicines (56%), shoes (54%), food (52%) and Appliances (48%).

And the conclusion suggests itself: Russian consumers prefer to buy exactly the goods of domestic producers and have a positive attitude towards them.

Honey gingerbread and fly in the ointment...

The reasons for such a positive attitude, as shown by the survey, are as follows: a suitable price of goods for the wallet of an average Russian (75%), the use of natural raw materials and materials (71%), as well as a fairly acceptable workmanship (50%).

However, it is worth recognizing the fact that domestic producers are still far from the ideal.

14% of respondents noted that they have a negative attitude towards Russian companies. As a justification for their position, the respondents noted the following disadvantages: rather poor workmanship (90%), low product reliability (82%), its fragility (70%), overpriced (67%) and poor design (55%). Domestic producers can correct the situation by improving the quality of products (85%), using high-quality raw materials and materials (63%), expanding the range (60%) and reducing prices for finished products (57%).

The main associations that respondents have when they mention the phrase “domestic producer” are “our own, native”, “natural, environmentally friendly”, “inexpensive”. However, such positive associations are also accompanied by negative ones: “low-quality”, “backward”, “ugly”. One significant trend was singled out: in the minds of Russians, a “domestic manufacturer” is strongly associated with agriculture and the production of precisely food products, but the negative image associated with the low quality of products of our automotive industry is also alive.

Made in Russia

Exactly half of the respondents (50%) expressed their readiness to buy products of domestic manufacturers at a higher price, but on the condition that it will not be inferior in quality to others. important parameters foreign counterparts. Russians are willing to pay a slightly higher price for a product if they are sure that it is produced in Russia in the following categories: food (55%), medicines (44%), clothing (33%), shoes (32%) and household technology (27%).

At the same time, almost a third of all respondents (30%) are not at all ready to pay a higher price for a product, no matter which country produces it.

It should be noted that respondents consider Russian goods to be very common in terms of availability at various points of sale. This indicator allows you to assess: where exactly will consumers move for necessary goods. So 53% of respondents are sure that most of the domestic products are sold through the markets. Another 40% of respondents see ordinary Retail Stores. And 39% believe that the products of Russian manufacturers can be purchased at any point of sale regardless of her status.

In general, Russian products deserve positive reviews. 39% of respondents note that the quality of Russian goods is very good, but it still falls short of foreign analogues. 34% of respondents believe that the quality has remained at the same, rather average level, but in the absence of a foreign substitute product, this fact can be ignored. The most positive group (14%) is sure that domestic manufacturers have learned to produce goods of higher quality than foreign counterparts entering our market. But the negatively inclined group of respondents (12%) believes that the quality of Russian companies' products has either remained at a rather low level, or, as the most depressing scenario, has become even worse.

Packaging is the face of the product

There are many ways to stimulate consumer demand for Russian goods. One option is to use the information on the packaging that this product was manufactured by a domestic manufacturer at a modern factory and using the latest technologies. According to the results of the survey, such information would significantly increase the likelihood of a purchase for 58% of respondents, and for another 27% - to an average degree. We also note the fact that consumers have developed identification of domestic goods, and the overall level of confidence in them has increased. Thus, 71% of respondents answered that they would most likely believe that the product was made in Russia if such a large inscription is present on its packaging. Another 20% said they would absolutely believe in such information provided. As a clarification, we note that 22% of respondents would purchase goods marked "Made in Russia" with a probability of 50%, 16% of respondents would do so with a probability of 90%, another 16% - with a value of 100%.

The image on the packaging, of course, increases the desire of the consumer to purchase the product. According to respondents, the most appropriate images for domestic goods are the GOST sign (57%), the flag of the country or other state symbols (47%), as well as the image of the Russian troika (14%). The remaining examples of images that are unofficial symbols of Russia scored a relatively small percentage of the votes: the Moscow Kremlin scored 13%, the bear as a symbol of the country and its wildlife - 13%, the birch as a symbol of the Russian soul and nature gained 11% of the votes, the matryoshka doll - 10%. The samovar as at home and comfort received 6%, the image of a girl in folk costume- 5%, a church or temple, ballet as a symbol of culture and a hockey player, personifying sports achievements, scored 4% of the votes, and the people's musical instrument balalaika - only 3%.

Also, the placement on the product label of a certain additional information according to the results of the study, it will increase confidence in domestic products to a large extent among 41% of respondents, to an average degree - by 35% of respondents, and slightly - by 18%. In order to increase the level of confidence on the packaging, according to the respondents, it is necessary to indicate the expiration date of the product (74%) as an integral attribute, a mark of quality or product certification (74%), the country that supplies raw materials and materials (68%), and also - the conclusion about the safety of the raw materials necessary for the manufacture of goods (63%).

In its current state, the label of domestic goods deserves the following assessments: according to the criterion of clarity of image and information, 47% of respondents gave a score of 3, and 31% give a mark of "good"; completeness about the product is rated mostly as satisfactory (49% of choices) or good (30%). But the readability of information on the package gets 3 points (41%) and 4 points (31%), respectively.

Domestic patriotic consumer

An increase in consumer demand for domestic goods can also be facilitated by a general rise in patriotism among the population. Thus, 41% of respondents indicated that they would buy more Russian products in the wake of increased patriotism, almost a fifth of the respondents (22%) would absolutely definitely begin to do this.

The approximate level of citizens who are patriotically inclined to varying degrees, according to the survey, is 89% (64% absolutely agree with the statement that “it is necessary to love your country, despite the difficulties and difficult conditions in which it is located”; another 25% partially agree with this statement). During the survey, a very interesting feature was highlighted: the level of patriotism among Russians depends very significantly on the income that citizens have. Thus, the largest number of respondents (56%), who absolutely agree with the above statement, assess their income at a moderate level, sufficient to buy food and some expensive purchases. However, the group of anti-patriotic citizens also consists mainly of people with a moderate (43%), as well as an average (37%) income sufficient to purchase durable goods. It should be noted that neither age nor field of activity, namely, income is an indicator not only of the attitude towards the domestic manufacturer and its goods, but also of the level of patriotism in general.

An online survey was conducted from September 24 to October 8 among 514 participants from 9 Federal Districts Russian Federation.

Localization of production and import substitution: new business opportunities under sanctions

Taking place against the backdrop of Western sanctions and falling global energy prices, the weakening Russian economy negatively affects foreign trade, the volume of which has declined significantly over the past year. In the current situation, the desire of the Russian authorities to assist the development of internal industrial production appears to be expected and consistent.

A significant step in this direction was the adoption federal law“On Industrial Policy in the Russian Federation” dated December 31, 2014 No. 488-FZ, which entered into force on June 30, 2015.

Who will be affected by the law?

The law applies to almost all sectors of Russian industry. Its effect extends to economic activity related to mining, manufacturing, providing electrical energy, gas and steam, air conditioning, water supply, sanitation, organization of collection and disposal of waste, as well as the elimination of pollution.

Support for a domestic manufacturer - what business opportunities open up?

The law provides for a set of measures aimed at supporting the industry. In particular, such measures include financial support, including subsidies from budgets of various levels, the conclusion of special investment contracts, etc. In turn, the subjects to which these measures will be applied are legal entities And individual entrepreneurs operating in the industrial sector on the territory of the Russian Federation, its continental shelf and the exclusive economic zone.

As a separate incentive measure, the principle of priority of industrial products manufactured in the territory of the Russian Federation over foreign industrial products when making purchases to meet state and municipal needs and purchases has been established. certain types legal entities.

The procedure for applying incentive measures will be determined by the Government of the Russian Federation. It should be noted that for the application of the law in question, by-laws are required that develop its provisions. Some of them have already been adopted, including the Decree of the Government of the Russian Federation, which establishes criteria for recognizing products manufactured in Russia, as well as having no analogues manufactured in Russia (hereinafter referred to as the “Resolution”). The legal framework for the conclusion of special investment contracts has been almost completely formed. The adoption of all regulatory documents necessary for the full implementation of the law, apparently, will be completed by the end of 2015.

Who is the domestic manufacturer?

Formally, neither the law nor the Decree uses the term “domestic producer”, but it is understood that if a person produces goods in Russia and the authorities agree that these goods are goods of Russian origin, then such person is a domestic producer and may be subject to incentive measures provided for by industrial policy legislation.

Taking into account the goal pursued by law to support import substitution, it should be expected that incentive measures will be associated with the localization of production in the territory of the Russian Federation. The basis for such an assumption is, in particular, the provisions of the Decree establishing the criteria for recognizing a product as an industrial product manufactured in the territory of the Russian Federation. The proposed criteria provide for the localization of production to one degree or another. In turn, industrial products, in respect of which the project does not provide for special requirements, will be considered produced on the territory of the Russian Federation on the basis of the criteria determined by the Agreement of the Governments of the member states of the CIS countries dated November 20, 2009 "On the Rules for determining the country of origin of goods in the Commonwealth of Independent States ".

Also, industrial products manufactured in the territory of the Russian Federation will be recognized as products manufactured under special investment contracts.

It should be noted that the Decree does not establish the confirmation procedure itself. domestic production. It will be determined by the order of the Ministry of Industry and Trade.

Practical advice - what should I pay attention to?

Because it is not yet fully developed normative base to apply the law, we recommend that representatives of the business community carefully monitor the publication of draft documents that develop its provisions. Most likely, many of them will be submitted for public discussion, including within the framework of the regulatory impact assessment procedure.

In turn, when conditions are created for the "full-format" application of the law on industrial policy, perhaps the most pressing issues will be the recognition of industrial products manufactured in Russia and the application of incentive measures. For foreign investors, the issues of compliance of the measures applied in Russia with the requirements of the WTO may also become relevant.

Vladimir Chikin,

Partner, Customs Law and Foreign Trade, Goltsblat BLP

Vladislav Safonov,

Senior lawyer, Customs Law and Foreign Trade, Goltsblat BLP

Currently, the Russian pharmaceutical industry is considered to be developing in comparison with the global industry. Figure 1 shows that the volume of production of medicines in the domestic market is increasing every year. For example, in 2012, the volume of production in Russia amounted to 127.2 billion rubles, which compared with 2011 showed an increase of 25%.

Figure #1. Dynamics of drug production volumes in the Russian Federation, 2003-2012

According to the data Federal Service State Statistics, about 150 companies specialized in the production medicines in Russia in 2012. At the same time, this figure did not include representatives of small businesses, which are becoming more and more every day. It should be noted that in 2011 the 20 largest companies produced more than 65% of the total output. This means that most of the demand from consumers for medicines is satisfied mainly by the leading pharmaceutical manufacturing companies, the rating of which is presented in table No. 6.

Based on the data given in Table 6, we can say that among the leading manufacturers in the domestic market of Russia, enterprises of major foreign pharmaceutical companies prevail, for example, such as Sanofi-Aventis, Novartis International AG, Berlin-Chemie, F. Hoffman - La Roche", "Bayer", "Nycomed", "Teva Pharmaceutical", etc. It should be noted that only one Russian company was included in the list of the 20 largest manufacturing companies in the domestic market, while taking an honorable third place in the rating in terms of sales - Pharmstandard OJSC.

This company specializes not only in the production of medicines, like many Russian enterprises, but moreover, it develops new original medicines. Pharmstandard products meet the requirements Russian standards. In addition, the company is ready to adapt its production according to international standards quality by approving a plan for the transition to European standards by 2014. The main products of "Pharmstandart" are medicines that have received universal recognition from consumers in connection with their high quality and efficiency. Examples of such drugs include Arbidol, Pentalgin, Afobazol, Biosulin, etc.

As for the French pharmaceutical company Sanofi-Aventis, which ranked first in the ranking of the 20 largest manufacturers in the domestic domestic market, its success is due to the large number of public procurements (about 40%). Although the sales of this company decreased by 10% compared to 2010, this did not become an obstacle for the company to take a leading position. The second place belongs to the transnational pharmaceutical corporation Novartis international AG, which, like Sanofi-Aventis, sells in the state segment - about 40%.

It should be noted that among the major manufacturers in Russia there are domestic enterprises which are partners of foreign pharmaceutical companies. A prime example Such a practice can be cited by OAO Nizhpharm, which took 24th place in the ranking of leading drug manufacturers. Since 2008, it has been part of the international holding Stada.

Currently, the number of foreign companies in the domestic market is increasing every year. At the same time, the share of Russian manufacturers is declining: according to research by the Pharmexpert CMI, starting from the late nineties and ending today, the number of domestic representatives in the domestic market has decreased from 58.4% to 20%. This situation is unfavorable for domestic companies. That is why the state provides support in the development of the Russian pharmaceutical industry. Experts say that according to pessimistic forecasts, in the near future the share of domestic pharmaceutical companies may be reduced to 5-10%, while foreign manufacturers will acquire the main part of the market, occupying the remaining 90-95%. Naturally, it is impossible to allow the situation to reach such an outcome, since the pharmaceutical industry is a strategic one. If the health of our nation is in the hands of foreign companies, then this will make Russia dependent on them, and nothing good can be expected from this.

It is also worth noting that one of the main problems in the Russian pharmaceutical market is the production of counterfeit products. Naturally, this problem It is also found in foreign markets, where such organizations as the Association of International Pharmaceutical Manufacturers and the Coalition for the Protection of Intellectual Property Rights actively fight against it.

According to official data, more than 15% of drugs that unscrupulous manufacturers supply to pharmacy chains for subsequent sale turn out to be unsuitable for consumption. This is due to the fact that these medicines are fakes that do not have any useful properties for the end consumer, and moreover, in some cases, they can even harm health, thereby worsening the patient's condition. It should be noted that the share of counterfeit pharmaceuticals produced by domestic companies reaches 67%.

Due to the flourishing falsification of medical products in the domestic market large companies lose over $250 million every year: they spend a huge amount of money to fight counterfeit products, suffer from lost profits that are appropriated by unscrupulous manufacturers of counterfeit medicines.

In 1961, the surrealist artist Salvador Dalí painted the lollipop logo for a Spanish company owned by the Bernat family. The lollipop was called ChupaChups. Dali was a recognized master of outrageousness, but he could not even imagine that in 2001 Russia would launch the production of a lollipop with the defiant name "Lizun-Sosun", whose design exactly repeated the design ChupaChups. This product owes its appearance to Ilya Averyanov, the owner of the Menshevik confectionery factory.

According to Averyanov himself, the remake ChupaChups turned out to be quite successful: in the very first three months of production, Lizun-Sosun, without any advertising, ate 30% of the Russian market from its Spanish twin (company ChupaChups provides other information). There is only one hitch - direct copying of the world famous brand seems to be a very dubious technique. But on this score, Averyanov has a theory that explains why he is right, and not the Spaniards.

Twin products

In the Soviet Union, the word "proprietary" came into use, that is, produced abroad. Such a product was opposed to the faceless unreliable domestic "stamping". In the early 90s, this concept devalued almost as rapidly as the national currency - it turned out that not all perfumes Chanel made in France and not every pair of jeans Levi’s is related to the American company. The country was flooded with low-quality fakes of two types: those that looked exactly like the original or very similar to it (like players Pavasonic and sneakers Reebuk). Talking about the size of the damage to the legal economy then simply did not make sense - the proportion of fakes was too high.

Later the meaning came. For example, two years ago, the damage caused by pirates was only foreign companies, working in Russia, was estimated at $1 billion. The amount is rather big, but at the same time no one argued that the market itself had become much more civilized. By that time, Russian companies had created trademarks comparable in value to Western ones (take the same Baltika or Wimm-Bill-Dann). A marketing department has appeared in every more or less serious company, and unscrupulous competitors who steal intellectual property, began to be dragged through the courts.

However, the stricter the market rules, the more exotic the exceptions to them. Even now, when the time of rampant piracy has passed, some companies creatively use other people's brands. "Menshevik", which produces, in addition to sweets "Lizun-Sosun", also chewing gum "Turbo Naduv" (very reminiscent of Turbo produced by a Turkish company Kent) And lifeis… life(a variation on the theme of the Turkish Loveis…) is just one example.

Great plagiarist

Ilya Averyanov is 34 years old, he is a graduate of the Physics Department of Moscow State University. He went into business back in 1988 - together with classmates he built villages on the shores of the Arctic Ocean. A month of hard work brought up to 10 thousand rubles, with this money you could buy a Volga. When Averyanov tells what he has been doing for the next ten years, it is almost impossible to follow his thoughts: it seems that you are shown a cut from Parfyonov's program “The other day. 1991 - 1999". Stock exchange, exchange office, temporary work in Germany on the conveyor Daimler-Chrysler, instant drink Yupi, tailoring curtains, stew and washing powder "7 / Ya", construction of cottages on Rublyovka. However, chewing gum and lollipops run like a red thread through Averyanov’s work biography, the same ChupaChups. He has been trading in these goods since 1993, and by 1997 his company's turnover reached a maximum of $170 million.

Then, as you know, there was a crisis. And then Averyanov decided to make chewing gum himself. “I went to Strasbourg, where I took production courses (in Russia there was no one to learn from), and in 1999 at an exhibition in Düsseldorf I bought all the equipment for my factory,” says the entrepreneur. He is very fond of referring to the classics of Marxism-Leninism: “We took the most new equipment, because I remember very well from the works, so to speak, of Ulyanov (Lenin) that competitive advantage under capitalism is the high productivity of labor. In total, $17 million has already been invested in the Menshevik confectionery factory.

According to Averyanov, the Russian chewing gum market bubblegum is 10.8 thousand tons, and Menshevik, whose turnover this year will be $30 million, owns 60% of this market. Independent experts call other figures. According to the Business Analytics agency, Menshevik accounts for 8.7% of the children's chewing gum market in the ten largest cities. At the same time, chewing gum lifeis... Life occupies 2.7% of the market (Love is... - 4.2%), and Turbo Inflating - 2.7% (Turkish Turbo has only 1.3%).

Averyanov does not hide the fact that he intentionally copied other people's trademarks: "We should not have made our own brand until there was confidence in the quality of the product." Moreover, the entrepreneur says that the company ChupaChups partly owes him its success in the Russian market. “I played an important role in the creation of this brand. Being engaged in import, I invested my intellectual and other property, says Averyanov. “At first, I delivered this product to all cities and villages for free, and then the product, having become quite common, received advertising support, which made it possible to position it in a higher price niche, and the manufacturer to receive super profits. At that moment, my functions in relation to this brand were exhausted. And I was made to understand. At first I received a discount of 15 - 20%, then my income was lowered to 10%, and over time they turned out to be at the level of 3%. On open question: "Why are you doing this - because I need to develop further?" was the answer: “If you develop, you will have money, and with this money you will be able to compete with us, but we do not need this.”

True, in the ChupaChups are not inclined to overestimate the role of Averyanov. "His to The company was a distributor of a Turkish companyKent, caramelChupaChups Ilya Averyanov's company did not sell for long and in insignificant volumes, ”says Chupa Chups Rus in response to questions from Ko. However, the Spaniards did not sue Menshevik either. But more on that below.

"Classic style"

Is it possible to just take and copy a well-known trademark? The answer to the question thus formulated is unequivocally negative, unless you are going to start your business in violation of the law. But the problem can be put differently: how far can one go in copying? But there is no longer an unambiguous answer to this question, since here we are immersed in the shaky matter of subjectivity. Of course, any large corporation whose financial strength rests on quality, million-dollar brands will politely point out that it's unethical to even consider using someone else's ideas. But what about a small firm that does not have money for a nationwide advertising campaign?

Examples when known Western companies convict local manufacturers of plagiarism, mass. Another thing is that they do not always manage to stop the release of products that are suspicious from their point of view.

For example, cigarettes with a mouthpiece are produced in Yerevan cigaronne. Outwardly, they look like Davidoff: beveled corners of the packaging, similar curlicue font, approximately the same color. To be fair, it should be noted that cigaronne slightly larger (just because of the mouthpiece) and much more expensive (in Russia they are sold for 60 rubles per pack). Karen Adontz, CEO of a Swiss-listed firm cigaronne, says that it is difficult to accuse his company of stealing ideas: “We wanted to create premium cigarettes. Given the desire of respectable smokers for comfort, we provided cigarettes with a mouthpiece, and when choosing a design, we tried to make the design in a classic style.

"Classic style" cigaronne did not go unnoticed by representatives of the German company Reemstma, producing Davidoff. In April, a lawsuit by the Germans against a Swiss company was considered in Amsterdam. However, the court objections Reemstma did not accept. "I don't think our cigarettes are like Davidoff, says Adonts. - And the accusations Reemstma were a surprise to us. They boiled down to three points: packaging design, misleading the consumer, the possibility of obtaining additional profit through advertising. Davidoff. All these accusations are unfounded. For example, the octagonal packaging we use also has Dunhill and other cigarettes. Did you receive cigaronne additional profit from someone else's advertising, it was not possible to find out: Adonts does not disclose the financial performance of the company. He only noted that in the two months of 2002, compared with the same period last year, sales cigaronne rose by 50%.

Or another case where the interests of a large Western company and a local manufacturer also intersected. A year and a half ago, the Anglo-Dutch concern Unilever sent a complaint to the Ministry of Antimonopoly Policy, demanding that the Moscow company Metelitsa stop production of the Venice cake, which looks like an ice cream cake Vienetta, Unilever products. The concern felt that the competitor was using unfair packaging design elements, as well as the "distinctive appearance of the ice cream cake" (more precisely, wavy patterns on the sides and top of the cake). Rospatent experts admitted that the consumer can indeed mix the trademarks of these two cakes. However, "Venice" (as it is written on the Metelitsa website, "about the original ice cream cake in the traditional Italian style") is still being produced. The fact is that the appeal chamber of Rospatent, to which the Russian company applied, did not agree that the two trademarks are confusingly similar. “They are similar, but not identical. So we won that dispute,” says Metelitsa lawyer Ivan Zvyagintsev. As for the appearance of the cake itself, then remove this claim from the concern Unilever it turned out to be even easier: all manufacturers of similar products use approximately the same equipment, so they produce identical-looking cakes.

There are, of course, examples of big firms. In the pharmaceutical market, no one has ever heard accusations of copying well-known drugs against him more than Vladimir Bryntsalov. So, in December last year, the commercial director of the Hungarian company Gedeon Richter, Bela Bede, said that Bryntsalov's firm "Ferein" "is engaged in cloning drugs developed and produced by [us]." As Bede told the Interfax agency, Ferein purchased reagents from different countries and began to produce his own medicine, while copying the original Cavinton packaging. In the same way, according to a company representative, Bryntsalov launched the production of drugs that copy the Hungarian drug no-shpa and insulin. Bede noted that "not only Gedeon Richter, but also a number of other foreign pharmaceutical companies suffer from the actions of Ferein." However, Bryntsalov A CJSC, which owns the Ferein trademark, categorically denies that Cavinton or another “cloned” medicine comes out of the walls of its factory. The Russian company notes that it produces only drugs that have already lost their patent protection (which is 20 years), and even then under their own names. That is, not no-shpu and Cavinton, but Nosh-bru and Bravinton are legally registered brands.

Law is law

The Law “On Trademarks” states: “No one can use a trademark protected in the Russian Federation without the permission of its owner. An infringement of the rights of the owner of a trademark is the unauthorized manufacture, ..., sale ... of a trademark or a product marked with this sign, or a designation confusingly similar to it, in relation to homogeneous goods. This wording itself opens up the first opportunity for using foreign brands: if you follow the letter of the law, it turns out that you can register a trademark bmw, for example, for toilet paper, since cars and hygiene products are heterogeneous goods.

Of course, in reality, no one will allow this. “Any expert of Rospatent will refuse to register you, because bmw can be considered a well-known trademark,” says patent attorney Valery Kalinovsky. The concept of “well-known trademark” is not provided in the law, however, it is established by international agreements in which Russia participates. There is even an official procedure for recognizing a trademark as well-known - for this, it is necessary to submit an application to the Supreme Patent Chamber of Rospatent. She, in turn, may require a public opinion poll, sales data, and so on. But officially, no more than five signs have passed this procedure in Russia, so Rospatent experts have to be guided mainly by their own assessments: put a logo bmw they won’t allow toilet paper, but, for example, they can register the LOMO mark for the class of meat products (such a registration was made by the CampoMos meat processing plant). And who said that LOMO cameras are less known than bmw?

As for trademarks that do not directly repeat registered ones, but only resemble them, there is even more room for creativity. Kalinowski acknowledges that it is not easy to find the line when “mixing in circulation sets in”, that is, when the consumer is confused due to the similarity of brands. “There is a whole theory of how to mark a product, whether or not to use design elements of other people's goods,” says the patent attorney.

Sometimes clients come to Kalinovsky who want to register a trademark that is confusingly similar to the already known one: “These people want to skim the cream off the market, and then they can simply go into the shadows. They may not even wait for the final registration of the trademark, being content with receiving the primary documentation. As a rule, we do not work with such customers, as it is associated with unfair competition.” In the early 1990s, Kalinovsky, for example, had to turn down entrepreneurs who wanted to register a trademark. YvesRoche(that's right, without r at the end) by class alcoholic beverages, more precisely for carbonated wine. The patent attorney was then guided by the fact that there was already a brand of perfume on the market YvesRocher, and the production of "champagne", modeled after this well-known brand would mislead consumers as to the origin of the product. However, the wine still went on sale. Moreover, without registering a trademark at all.

Trademark type YvesRoche can be registered and simply due to an oversight of Rospatent employees - they are not robots and are not able to remember all registered marks. In addition, it is known that employees of the patent office receive low salaries, and this opens the way for corruption.

But if a fake has already hit the market, then those whose rights have been violated have to deal with it. Companies can apply to Rospatent, to the court or to the Ministry of Antimonopoly Policy, seeking the cancellation of registration, a ban on the production or sale of fakes. And it's not always empty. Quite often, companies manage to stop (or prevent) the production of products that mislead consumers. For example, n recently a brewing companyBravoInternational(beer "Bochkarev") achieved the invalidation of the registration of the trade mark "Bokarev". And a month ago, the Ministry of Antimonopoly Policy ordered the Menshevik company to stop the production and sale of chewing gum lifeis… life. The Turkish company Dandi Sakiz, a manufacturer ofLoveis... The Antimonopoly Office relied on the expert opinion of Rospatent, which found that the products of Menshevik were confusingly similar to Loveis... (True, Menshevik immediately filed a lawsuit with the arbitration court challenging the decision of the MAP, which automatically suspends the order of the antimonopoly department.)

But Chupa Chups Rus does not take any legal action against Menshevik, as it believes that "a company that has chosen the tactic of copying someone else's well-known product will not be able to exist on the market for a long time."

By the way, the Menshevik is really not going to stick to the current tactics for a long time. Having worked out production and sales on foreign brands, the confectionery factory intends to launch its original product, in advertising of which $ 1.4 million will be invested by the end of the year. The company keeps the name of its own brand secret until the presentation, scheduled for the end of June.

At the same time, or rather from July 1, a new version of the Administrative Code will come into force, which for the first time will touch upon the issue of piracy. The Code provides for, for example, the confiscation of items containing an illegal reproduction of a trademark. Until now, the violator of the law was only obliged to remove the illegally used mark from the product or its packaging; no one attempted on the product itself. According to the law firm Baker & McKenzie, “granting trademark protection under administrative liability law means the possibility of a quick, effective, non-requiring significant costs way to enforce trademark rights. But they also note that the effectiveness of the new mechanism will become clear only from the practice of its application by government agencies.

Maxim Kashulinsky, Vlad Kovalenko

In order for the manufacturer to be able to prove that the products are manufactured in, he should indicate the level of localization of production as a percentage, says a government official who takes part in considering issues related to the implementation of the import substitution program.

In order to help resolve this problem, the Ministry of Industry and Trade has prepared a draft document that is designed to specify the criteria by which it will be possible to determine with certainty whether a particular product should be classified as a domestic product. In addition, he describes what should be considered as goods, the analogues of which the Russian industry does not produce. This week the examination of this project will be completed, and the commissioning can be expected closer to the middle of summer. This resolution has not yet come to the Ministry of Economic Development, officials of this department said.

There are several main distinguishing features inherent in Russian goods. The project outlines a list of conditions and processes in Russia, the percentage of the cost of raw materials and imported components in the selling price of the finished product. The calculation must be made according to the value declared at customs or according to the documented price of their primary sale in Russia, the cost finished products formed taking into account transport costs.

In addition, a special clause deduced an indispensable condition that the manufacturer is obliged to carry out research and development activities, give preference to Russian citizens, etc.

The head of the Ministry of Industry and Trade, Denis Manturov, said during his speech this month that as various criteria are prepared, this document will be supplemented with other items.

Signs by which the fact of the absence of analogues will be determined Russian production, two are mentioned. This kind of product should not have identical characteristics, physical, chemical and other properties that are not related to its appearance, and at the same time affect the work by more than 20%. Another sign is the selling price and the level of operating costs.

With regard to products that are produced for the needs of the defense department, already now only components made in Russia are needed, says an employee of a company operating in the military-industrial complex. According to him, there are imported components in some civilian devices, which will need to be abandoned in order not to contradict the new rules. However, since the dollar has become more expensive, it is much more profitable to use Russian components.

For companies operating in the automotive industry, the criteria have been formulated and are already in effect, according to Sollers. It also clearly spells out the responsibilities of such companies related to the degree of localization, specific obligations regarding the creation of various research centers on Russian soil and the mandatory organization of a full engine manufacturing cycle.

Companies engaged in import substitution will be stimulated by subsidies.

Various representatives of the business community note that now, due to the increased attention of the authorities to the issue of import substitution, companies whose products fully meet the requirements for Russian manufacturer may, in theory, hope for certain bonuses. However, here a significant question arises, in what format the preference will be. Would prefer a carrot or a stick, asks the representative of the RSPP.

The government says that incentives in the form of targeted investment agreements are provided for enterprises that meet the criteria. He, in addition, indicates that it will still be possible to provide an order to only one supplier if it is a participant in a special investment contract.

The Ministry of Industry and Trade has already started accepting applications from companies wishing to take part in such projects, according to information on it. The conditions say that the state will provide subsidies that can be used to reimburse costs for servicing loans taken from Russian financial institutions in the period from 2014 to 2016. Russian enterprises with projects whose cost will not exceed 5 billion rubles can participate in this casting.

In parallel, the possibility of admitting Russian enterprises to public procurement is being considered. For this purpose, a number of documents will be developed, in accordance with which the main criterion for admitting products to public procurement will be their production in the member countries of the Eurasian Economic Union. IN Russian government note that in order for a product to be considered Russian, all components must be produced on the territory of the EAEU.

The idea is to force foreign enterprises wishing to participate in public procurement, for several years to build a full production cycle in Russia, has been studied in the government for more than one year. However, the requirements under which companies or their products are considered to be manufactured in the Russian Federation are not sufficiently specified, this state of affairs can lead to various abuses, some foreign entrepreneurs feared.