News

The marketplace Ozon is implementing a new mechanism to combat counterfeits. To obtain the "Original" badge, sellers must now present licenses registered with Rospatent or the Madrid System, as well as relevant agreements. However, as an alternative, a seller can make a security deposit, guaranteeing the authenticity of the goods they sell.

Previously, our team sent a letter to the State Duma with similar amendments to the platform economy bill regarding depositing a guarantee amount, from which the marketplace would deduct losses (fines) incurred by bona fide sellers.

Security Deposit Terms

The deposit amount is 3% of the annual turnover for the brand but within the range of 100,000 to 1,250,000 rubles.

If a product is found to be non-original, Ozon will withhold 25% of the deposit for itself. Upon a complaint from a state authority about counterfeit goods, the penalty increases to 100%.

Until March 1, 2026, sellers will receive the "Original" badge under the previous procedure but can make security deposits to retain the badge after March 1.

What Are the Drawbacks?

We also see some shortcomings in this mechanism:

1. Ozon does not provide clear criteria for which goods fall into the frequently counterfeited category. These are not disclosed in the updated seller agreement either, meaning the marketplace will decide at its discretion whether a product deserves the "Original" badge.
2. The security deposit is withheld solely by the marketplace and will not be directed to rights holders whose rights have been infringed. It would be advisable to stipulate that a certain portion of such a deposit be reserved to compensate rights holders for damages or pay compensation for infringement of exclusive rights.

Despite these drawbacks, we consider Ozon's new measure to be correct. This step will reduce the number of counterfeit goods sold by dishonest sellers under the "Original" badge.

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