New Rules for Combating Counterfeit Goods on Marketplaces

The Constitutional Court of the Russian Federation has clarified the obligations of online marketplaces when selling products that may infringe rightsholders' intellectual property rights.

Where counterfeit goods are sold on marketplaces, the platforms are obliged, at the request of a person claiming intellectual property rights, only to temporarily suspend the sale of the goods until the legal dispute between the rightsholder and the seller has been resolved.

Such disputes must be finally resolved through the courts, rather than at the marketplace's own discretion. Furthermore, marketplaces are obliged to disclose sales data (volumes, dates, suppliers) upon the court’s request.

This decision should provide protection against potential abuse by the parties.

As a private entity, a marketplace cannot exercise ‘quasi-judicial’ powers to resolve disputes between sellers and rightsholders. Responding even to a claim that appears to be well-founded, but which the marketplace is unable to verify objectively, may result in a breach of the seller's rights. On the other hand, marketplaces are inherently interested in maximizing seller activity on their platforms. Furthermore, cases of ‘patent trolling’— the unscrupulous exercise of exclusive rights by rightsholders—are not uncommon.

If a rightsholder has merely lodged a complaint and has not brought the matter before a court within a reasonable timeframe, or if the court has refused to uphold the rightsholder's claims, then the marketplace or the seller may claim compensation for losses incurred as a result of the suspension of the listing of the disputed goods.

Decision No. 39-P of the Constitutional Court of the Russian Federation, dd. 16.06.2026, comes into force on 16 September 2026.