Russia Complains About 'Counterfeit' Kalashnikov Rifles

[damien]

Haven't seen this posted yet. What do you think of this? Will they complain about American-assembled AK clones next? Anyway, the patents, if any ever existed, are long gone. What legal principle are they standing on here? Trade Dress, maybe? I doubt the sellers are trying to dupe anyone into thinking that their AKs are Russian-made, so there is no deception.

http://www.mosnews.com/military/2009/04/28/1364/

Russia slams Pakistan for producing counterfeit Kalashnikov

29 Apr, 01:10 PM

Russia’s delegation to the IDEF-2009 international defense industry fair being held in Turkey has complained that counterfeit weapons are being displayed, RIA Novosti reports on Tuesday. According the chief delegate, Anatoly Aksenov, Russia plans to exert pressure on all countries, displaying unlicensed copies of Russian weaponry.

The delegation alleges that counterfeit RPG-7 grenade launchers, 30 mm artillery shells and the world famous Kalashnikov submachine guns were being exhibited at the Pakistani booth.

“We have visited the Pakistani booth,” Aksenov said, adding that Russia has requested that the counterfeit weaponry be removed from the exposition.

“Russia will ask IDEF-2009’s administration to impose sanctions on Pakistan’s delegation if the counterfeit weapon is not removed from the booth by tomorrow,” Anatoly Aksenov said. He also highlighted that exhibiting Russian weapon without complying licenses “is piracy and we will struggle against it.”

According to the data of Russia’s state owned weapon company Rosoboronexport, Russia lost $2 billion due to counterfeit Kalashnikov sales in 2007.

 

[flying_gage]

As I understand it, they were never bashful about this before? I thought they encouraged replicating their beloved klashnikov's.

 

[Ragnar Danneskjold]

As I understand it, they were never bashful about this before? I thought they encouraged replicating their beloved klashnikov's.

That was when it was a triumph of socilist engineering and a black eye to the evil capitalist USA.

Now there is money to be made.

 

[damien]

Now there is money to be made.

Yeah, but is there? There are only so many ways to protect your IP work.

The first is copyrights - Lasts a long time, but it does not apply here.

Second is patents - They last for a very short period of time, 15 years, I think. too late for that.

Third are trademarks - But you have to register them and defend them. The AK was invented 62 years ago. It's a little late to start defending it when it is the most copied rifle in the world. You have to defend on the first infringement.

Also, Trade Dress - Sort of like trademarks, but it has to do with the visual appearance of your product, packaging, storefront, etc. But it has to be defended like trademarks. It may be way too late for the same reason.

There may be others. IP lawyers chime in! (or any type of lawyer)

 

[rust collector]

a counterfeit is more than a copy

In this context, the term indicates intentionally misleading the buyer about the identity of the producer. Only a firearm produced by Izhmash or vepr may legitimately bear the name. Sounds like a Khyber Pass problem, where not only the design but the identity of the original maker is being knocked off.

It's like a yellow bulldozer whose parts are interchangeable with a Caterpillar D-8. May be OK if it's branded Komatsu or Sheng An, but not if it wears the Caterpillar name or logo.

A country should protect its producers from counterfeiters, or the reputation of the company, quality control and certifying agencies is irreparably damaged. I'd do exactly the same if I were in that position.

 

[LickitySplit]

A similar situation occurred a few years ago in the Russian courts when Izhmash (the longtime patent holder), sued Molot (which was manufacturing and importing the VEPR rifle), citing patent infringement.

Molot lost and was ordered to pay out a large settlement and royalties judgment.

Molot was unable to pay, and under Soviet law, Izhmash was able to take control of their assets.

 

[damien]

So Izhmash is the "longtime patent holder". How can that be? The AK-47 was invented in 1947. The patent term is 20 years

http://en.wikipedia.org/wiki/Patent_term

"The term of protection available [for patents] shall not end before the expiration of a period of twenty years counted from the filing date."

Surely the don't have an operative patent on any of the operating characteristics of the AK-47 rifle. I understand that someone producing a rifle and trying to sell it as Izhmash-produced when it is not is counterfeiting, that is obvious. What is less obvious to me is that Izhmash seems to be saying that any AK clone is a conterfeit. That is not obvious at all and is clearly false.

 

[Flyboy]

I think LickitySplit meant "trademark holder," not "patent holder." Trademarks don't have a definite lifetime, and if they aren't defended, they can be lost, at least in the American system. I suspect that most systems have similar rules given the worldwide push to harmonize IP law.

 

[VonClausewitz]

Patents:

WTO TRIPS Agreement states minimum of 20 years. I do not know if Pakistan signed it, but in case it would be a moot point. The AK and RPG design is free by any IP standard.

But this wont keep the Ivans from trying...

 

[Dark Skies]

I was under the impression that the Russians gifted the means and advice to produce them in 'fraternal countries' and took no form of payment or fees in licensing. In any event there are so many variants and improved designs that the guns produced now are copies of copies of copies.

 

[yokel]

Will they complain about American-assembled AK clones next?

You mean all those pathetic "sporterized" knockoffs that we've been relegated to owning?

Forget the Ruskies, we ought to be complaining to our elected officials about this outrage.

 

[FiREhAwk]

I think rust collector has it right

 

[jaholder1971]

I wonder how much of this cut do the Russians want to give Mr. Kalashnikov for the use of his design?

 

[ShadyScott999]

To heck with Ivan! Didn't Mr. Kalashnikov die in relative poverty?

 

[jaholder1971]

General Kalashnikov is still alive, living on a modest state pension and royalties from IIRc a German company that uses his names on certain products, Vodka comes to mind...

 

[ShadyScott999]

I stand corrected. For some reason I thought he had died a couple years ago.
I suppose at 95 years old it won't be long until my statement will be correct.