Russia became the first country in the world where smartphones have begun locking of the Aliexpress

The scandal around the Russian customs and smartphones Xiaomi does not cease: for more than 10 thousand people have signed a petition against the ban on the importation of devices.

What happened?

In Russia, the cases of delays at customs postage with smartphones the company Xiaomi. People buy them in Chinese Internet stores, but the premise is not undergo customs control. The reason Xiaomi distributor circulation in Russia (OOO "Smart Orange"): they own the rights to the trademark "Xiaomi" and declared all of the devices that pass customs, counterfeit. Therefore, custom prohibits the importation of Xiaomi smartphones through mailings.

According to rough estimates, more than a thousand Russians are faced with this situation.

On whose side the law: what the experts say

We talked with lawyers about this situation and found out some interesting details. Experts said they had not heard of similar cases in other countries.

It is quite possible that the customs claims cast aside, as in spite of the legitimate claims of brand holders, according to the law of the RF carrier material can be recognized only by the court counterfeit.

As explained Ivan Nikitenko, a lawyer for intellectual property rights:

Material carrier can be considered by the court only counterfeit. Ie before the entry into force of the court disputed goods correctly considered "goods with signs of counterfeiting." This concept is legal. Therefore, to solve this is to court.

Under Russian law, the goods can be considered counterfeit only by court order.

However, the head of the Moscow Human Rights Center Mikhail Salkin said that the actions of the distributor and the company Xiaomi is quite legitimate:

"Customs has the right to do - it is subject to various laws and agreements. Under Russian law, the Customs may require you to document that allows you to use or trade mark on the territory of Russia." - Michael SalkinYurist, head of the Moscow Human Rights Center.

Lawyer Aleksey Egorov also called the legal action: "The situation is really quite loud. However, from the point of view of the law distributor, alas, right. It is he who is the owner of the brand in Russia. This is reinforced by the decision and the FCS. Now, upon receipt of the smartphone Customs is obliged to send a request to the distributor, who, of course, respond that it counterfeit. Therefore, Internet sites that sell gray models can already be considered violators of the Russian legislation. It is easier to accept the customs and send the order back, than to have problems with the law. Well, or at least do not write that the smartphone is the brand they sell (it's just a trick, not a legitimate way to sell)."

Position Xiaomi and Aliexpress

We caught up with Xiaomi news service in Russia. to find out their attitude towards this situation. They are aware of the situation with the Russian customs and distributor:

"Xiaomi company is aware of the situation and together with our partner RDC Group we are working to resolve the problem. Our fans have always been the main priority of the company."- Xiaomi Press Service in Russia

It should be noted that representatives of Aliexpress refused official comment.

Is the war coming to "Seryakov"?

So, smartphones Xiaomi detained at customs - it is a shame, but there is another question: whether it does not become a trend? Other companies, such as Apple's or Meizu, can also lay claim to the possession of counterfeit brand and declare all of the devices ordered from other countries. Then we are waiting for a large-scale war between the official distributors and sellers of "gray" devices.

Customs action set a precedent for other companies. Already there are reports that in this way "turned" devices from Sony, Blackberry, Chuwi and some other companies.

As we said Yuri Salkin, such an outcome is possible. Customs Service got new equipment that allows you to study without opening the parcel. Therefore, it is likely that any iPhone, ordered in non-certified e-shop, too, can get stuck at the border. While such incidents have taken place, but be careful.

So far all cases have occurred in Ekaterinburg and Orenburg customs, which is strange. Somehow parcels with smartphones are not detained in the Moscow customs and other cities. Perhaps there is still only introduced new hardware and test it. So in the future, perhaps other customs, too, will make a stop with smartphones.