Experts of the Law Firm completed an important stage of the complex project, undertaken in the interests of the major European operator of the distance selling market. Federal Arbitration Court of the North-West district upheld the position, formed by the Attorneys of the Law Firm, that in order to charge royalties for the right to use the trademarks additional to the customs value of goods, Customs is obliged to ground by documents the presence of all the conditions stipulated by the legislation.
The case is noteworthy since in years 2009-2010 a practice was formed in the arbitrage courts of Moscow and Central district that allowed Customs authorities to additionally charge license fees without the actual establishment of all the necessary conditions. Resolution of the Federal Arbitration Court of the North-West district on a described case is at variance with existing approach and, perhaps, will further this important matter for business for consideration by the Presidium of Supreme Commercial Court of the Russian Federation, providing the necessary explanations for the lower courts.
Development of the legal position and representation of the Client in court was realized by Partner of the Law Firm, attorney Ilya Ischuk.