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PATENTUS brought counterfeit producers to criminal responsibility

Date: 15 November 2017

Andrey Akimov, in cooperation with Association of Law Enforcement Bodies and Special Services of the Russian Federation, defended the interests of Pioneer High-Bred International, Inc. (subdivision of DuPont, a global leader in the development and supply of plant genetics solutions for farmers worldwide), the injured party in Criminal Case No. 16363693, in the Novousmansky District Court of the Voronezh Region. The case was opened against N. V. Lopatin, A. S. Mikhailov and A. Yu. Pustyrsky under Article 180, Part 3 of the Criminal Code of the Russian Federation on June 27, 2016.

From December 1, 2015 to April 28, 2016, the above-mentioned individuals packed sunflower seeds of unknown origin in sacks labelled with the trademarks of Pioneer High-Bred International, Inc. at eleven warehousing facilities within the territory of Yarmarka LLC. Then, N. V. Lopatin, A. S. Mikhailov and A. Yu. Pustyrsky sold the counterfeit products. As a result of unlawful use of the trademarks, the right owner incurred damage amounting to over RUB 60,787,939.

On November 15, 2017, the court announced its verdict, in accordance with which:
- N. V. Lopatin was given a two-year suspended sentence;
- A. S. Mikhailov was given a two-year suspended sentence;
- A. Yu. Pustyrsky was given a two-year suspended sentence;
- all the counterfeit products, packaging materials and labels were recognised as subject to destruction;
- seized equipment for seeds packaging was recognised as subject to seizure by the state.

Though the guilty individuals were given suspended sentences, the main PATENTUS efforts result is that the counterfeit products will not enter the agricultural market, but will be destroyed in full scope under the supervision of Pioneer High-Bred International, Inc.

Andrey Akimov



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