It appears after a recent decision of the Court of Appeal that the conflict between the Ukrainian distributor NIS and Xiaomi NK Limited can be considered. But it wasn't there. Dnipro lawyer and former employee Allo Group, Alexander Shevchenko, acting on behalf of Xiaomi H.K.Limited, tried to stop a new batch of Xiaomi smartphones imported by NIS into the Ukraine. But the Economic Court of Kiev, after considering the complaint about violation of intellectual property rights, again managed in favor of NIS. An electronic copy of the decision is in the United State Register of court decisions.
In short, NIS wanted to import a batch of smartphones 40 budget: 20 model of Xiaomi Redmi 6A 2 + 16G EU Gold and another 20 Xiaomi Redmi GO 1 + 8G EU Du. They pass under the AU number toll statement 100230/2019/066608 of 04.19.2019. Lawyer Alexander Shevchenko, acting on behalf of Xiaomi N.K. Limited, insisting through a court to seize this party and destroy it, declaring it to be imported into the country illegally. The judge said, after considering the legal case, there is no basis for arrest and destruction of many Xiaomi smartphones that NIS is trying to import through the Kyiv SFS city office. The judge demanded from the plaintiff to make cash security in the amount of 45 thousand UAH for further consideration of the claim. If it is not delivered within 10 days of the date of the decision, the claim will be rejected in full, and the temporary prohibition on customs clearance by the party as set out above will be withdrawn. .
In the ITC.ua commentary, NIS CEO Alexander Shirkov said that his company had a specialist assessment by the Ministry of Justice that the products that Alexander Shevchenko was trying to exclude were "original, authentic, have been confirmed by the manufacturer Xiaomi". ”. He also said with the company Xiaomi Inc.. they continue to cooperate, and only Alexander Shevchenko, who is involved in advocacy and for the benefit of the Dnieper company, which is preventing imports to all, who have claims to NIS.
- Recall that the Ukrainian legislation does not clarify the principle of corruption rights to trademark, which leads to even restricting imports of original products, because some distributors, sellers and practices use this.
- The fight against parallel imports is also one of the reasons that manufacturers provide in Ukraine a national guarantee, rather than an international guarantee.