Earlier it was reported that the company "Umalat" in Bryansk region stated in court to terminate the legal protection of the certificate of exclusive rights to the brand of Adygei cheese by enterprises of Adygea. The company defends its rights to produce soft Adygei cheese in courts.
"It was the court of cassation. The court for intellectual property rights once again supported the producers of cheese from Adygea, reversing the decision of the Arbitration court of Bryansk region, which rejected the claim of the producers of the Republic for protection against the illegal use of the Adygei cheese brand. The case was sent for a new trial in Bryansk court. In fact, its decision was found unreasonable, according to the established practice, the lower courts in such cases do not challenge the decision of the higher court in the future", — said the legal adviser of the Union of producers of products "Adygei cheese".
To date, there is a ruling of the Supreme Court of the Russian Federation, which in January 2018 recognized the right to use the brand "Adygei cheese" for the producers of Adygea. The company "Umalat" is the only manufacturer in the country that is trying to challenge the decision of the Supreme Court; manufacturers of other regions stopped trying this, said the interlocutor of the Agency. The participants of the trial in the court for intellectual property rights were the company "Umalat" and plants of Adygea, having a certificate on the brand "Adygei cheese". TASS has no comments from other parties.
Litigation of Adygea producers on the right to use the brand of Adygei cheese with "Umalat". Earlier it was reported that a number of Adygea companies and the Union of producers of "Adygei cheese" insisted that "Umalat" withdrew the soft Adygei cheese produced by it from circulation, destroyed it and did not use the name "Adygei cheese" in the future.
However, in March 2019 the Bryansk court by its decision actually recognized the right to use the brand "Adygei cheese" by the Bryansk Company, despite the fact that in January 2018 the Supreme Court of the Russian Federation issued a final decision on the recognition of the exclusive rights to the brand for Adygea dairy plants. Cheese producers from Adygea filed a lawsuit in the Arbitration court of Bryansk region for protection against illegal use of the brand, but the Bryansk court refused to satisfy them. On Wednesday the court for intellectual property rights reversed the decision of the Bryansk court.