The supplier is obliged to report to the customer the goods introduced into circulation by the owner

According to the Resolution of Arbitration court of Ural federal district of 06.05.2015 No. F09-2364/15 in the matter of N A76-17760/2014 the supplier is obliged to report to the customer the goods introduced into circulation by the owner.

Within the considered case the customer when carrying out electronic auctions provided a condition according to which the supplier has to document at the time of delivery in the draft contract that the offered goods are introduced into civil circulation in the territory of the Russian Federation directly by the owner or from his consent. The participant addressed to antimonopoly authority with the complaint to this provision of the draft contract. The Office of the Federal Antimonopoly Service recognized the complaint reasonable. The customer with such decision disagreed and appealed to court.

The court of cassation instance, unlike inferior courts, recognized the decision of antimonopoly authority in the considered part invalid. This condition doesn't contradict the legislation and isn't the requirement to participants of purchase, and regulates an order and a way of performance of the contract after tendering and definition of the winner.

According to court of cassation use of the trademark by the offer to sale of the goods imported on the territory of the Russian Federation without consent of the owner is illegal and represents violation of exclusive rights.

So that to avoid the specified violation and to observe provisions of Art. 1252 of the Civil Code of the Russian Federation, the buyer has the right to demand from the supplier of confirmation of that the transferred goods are free from the rights of the third parties.