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Maxim Maxim2019-11-18 12:58:35
Law in IT
Maxim Maxim, 2019-11-18 12:58:35

Are you required to comply or not?

Please tell me, the trading organization has, for example, a website, the products of the European plant are presented on this site, that is, the organization is engaged in the supply of these products, the other day a request came to deactivate the site, a Russian-speaking person works in this company - (European) and it seems that he is just sat on a rollback and puts wheel sticks in all Russian companies that are trying to promote the products of this plant and helps one.
What can be done in this case? Managers have the rights (factory) to set such requirements?
And how to play it safe and resolve this issue correctly?

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3 answer(s)
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Robur, 2019-11-18
@Robur

The obligation comes from somewhere.
For example, it is written in the law that applies to your activities and this situation.
And to the phrase "close the site because you are not a representative" you can answer "stop writing to me because we are a stranger to me.".

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BasiC2k, 2019-11-18
@BasiC2k

If you are a legal entity, then the copyright holder may prohibit you from using in product advertising (i.e. on your website):
- images of patented trademarks and names (product name, company name, logo);
- photos, the authors of which you are not (for example, from the manufacturer's catalogs);
- the author's description of the goods;
- a link to the manufacturer;
etc.
The restriction you described is most likely due to the struggle of copyright holders with "gray" imports. This is when goods are imported into a country from a neighboring country without the consent of the manufacturer. The reasons may be different:
- different pricing policy of the manufacturer for neighboring countries;
- different standards of certification;
- the presence of a dealer network, which "gray" import creates competition.
As a rule, in this case, the manufacturer enters into an agreement with one dealer for an "exclusive" representation. In this case, it is easier to identify and legally "mow down" all the "gray" competitors.
It turns out that if you do not comply with legal requirements, then you may well be sued.
If you are an individual, you can freely sell your property without any restrictions.
The way out in your situation is to become a dealer from the manufacturer or conclude an agreement with an existing dealer in your country.
Well, or sell the goods impersonally, so that it is impossible to identify the manufacturer and brand in it))

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CityCat4, 2019-11-19
@CityCat4

recently received a request to deactivate the site,

Now I'm going to create a toaster trading site and send toster.ru a request to deactivate the site, because they are not my representatives :) What do you think the toaster will do? That's right, send me to #opu :)
First, the requirement must be based on something. As they used to say "In the name of the king!" That is, the demander must first prove that he has the authority to demand, otherwise he can be sent clearly where :)
= Secondly, with a simple demand without evidence that they are a consequence of the fact that you violated some of their rights, you can same as above. And with the requirement to close the site, they are generally like plywood over Paris - you can close the site only by a court decision.
It is clear that this "requirement" is designed for suckers, we also received such "requirements" a couple of times.

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