Do xiaomi phones pass customs. Russian customs deploys Xiaomi smartphones - how to get around it
The scandal around Russian customs and Xiaomi smartphones does not subside: more than 10 thousand people have already signed a petition against the ban on the import of devices. We will learn from experts whether the actions of the customs and the Xiaomi distributor are legitimate.
What happened?
Cases of delays at customs have become more frequent in Russia postal items with Xiaomi smartphones. People buy them in Chinese internet-shops, but parcels do not pass customs control. The reason is the appeal of the Xiaomi distributor in Russia (Smart Orange LLC): they own the rights to the XIAOMI trademark and declared all devices passing customs to be counterfeit. Therefore, customs prohibits the import of Xiaomi smartphones through mail.
According to rough estimates, more than a thousand Russians are faced with this situation.
Whose side is the law on: what the experts say
Hi-Tech Mail.Ru talked to lawyers about this situation and found out some interesting details. Experts reported that they had not heard of similar cases in other countries.
It is entirely possible that customs will be bombarded with lawsuits, since despite the completely legitimate claims of brand owners, according to the law of the Russian Federation, a material carrier can only be recognized as counterfeit by a court.
As Ivan Nikitenko, an intellectual rights lawyer, explained:
A material carrier can be recognized as counterfeit only by a court. That is, until the entry into force of the court decision, it is correct to consider the disputed goods as “goods with signs of counterfeit”. The concept itself is legal. Therefore, it is up to the court to decide.
Under Russian law, a product can only be recognized as counterfeit by a court decision.
However, the Head of the Moscow Human Rights Center, Mikhail Salkin, said that the actions of the distributor and Xiaomi are completely legal:
Customs has the right to do this - this is regulated by various laws, as well as agreements. Under Russian law, customs may require you to provide a document that authorizes you to use a trade or trademark in Russia.
Mikhail Salkin
Lawyer, head of the Moscow Human Rights Center
Lawyer Alexei Yegorov also called these actions legal:
The situation is indeed quite loud. However, from the point of view of the law, the distributor, alas, is right. He is the owner of the brand in Russia. This is supported by the decision of the FCS. Now, upon receipt of a smartphone, customs is obliged to send a request to the distributor, and he, of course, will answer that it is counterfeit. Therefore, Internet sites selling gray models can already be considered violators of Russian law. It is easier for them to agree with customs and send the order back than to have problems with the law. Well, or at least not to write that they sell a smartphone of this particular brand (this is just a trick, and not a legal way of selling).
Position of Xiaomi and Aliexpress
Hi-Tech Mail.Ru contacted the Xiaomi press service in Russia. to find out their attitude to this situation. They are aware of the situation with Russian customs and distributor:
Xiaomi is aware of the situation and is working with our partner RDC Group to resolve the issue. Our fans have always been the company's top priority.
Press service of Xiaomi in Russia
It should be noted that Aliexpress representatives declined to comment officially.
Is there a war with the “seryakom” coming?
So, Xiaomi smartphones are being held up at customs - this is annoying, but another question arises: will this become a trend? Other companies, such as Meizu or Apple, may also claim ownership of the brand and declare counterfeit all devices ordered from other countries. Then we will face a large-scale war between official distributors and sellers of "gray" devices.
Customs' actions set a precedent for other companies. There are already reports that devices from Sony, Blackberry, Chuwi and some other companies have been “wrapped” in this way.
As Yuri Salkin said, such an outcome is quite possible. Customs services received new equipment that allows them to examine parcels without opening them. Therefore, there is a possibility that some iPhone ordered from an uncertified online store may also get stuck at the border. So far, there have been no such cases, but be careful.
So far, all cases have occurred in the Yekaterinburg and Orenburg customs, which is strange. For some reason, parcels with smartphones are not detained at Moscow customs and other cities. Perhaps so far only new equipment has been introduced there and it is being tested. So in the future, probably other customs will also begin to stop parcels with smartphones.
Why do people generally order equipment in China
The reason is simple - the price difference between the "white" and "gray" device reaches an average of 30-40%. Let's say Redmi Note 3 Pro in Smart store Orange will cost you 13490 rubles. On Ali, a similar copy with global firmware is estimated at 8700-9500 rubles. In the upper price segment, the percentage difference is smaller, and in absolute terms it is higher - the “official” Mi Note 2 is given for almost 35 thousand rubles, and the “Chinese” costs 28,781.
"Wrap" at all points?
Not really. Among the indignant buyers, Yekaterinburg and especially Orenburg customs points are notorious. Users note that Xiaomi smartphones pass through Vnukovo almost without problems. A trend has also been noticed: several devices that arrived in Yekaterinburg in early May have been tested, but the ones from April are still lying around. Community subscriber Irina K. from a certain moment began to collect statistics - which smartphones passed the control, and which failed. From these data, it can be seen that a lot of devices hung tightly in Orenburg, and the “May” ones, no, no, and even leave Yekaterinburg:
Why did Smart Orange do this?
As in the case of consumers, suppliers are simply looking for their own benefit - "parallel" imports somehow hit the contents of the pocket. It is problematic to calculate the volume of “left” deliveries, but, judging by the hype of the deceived investors, a certain percentage floated past the official importer. The senior vice president of Xiaomi himself spoke about the intentions to “strangle” gray smartphones at a presentation in Russia. Another thing is that such a step, it seems, was designed primarily for wholesalers - Internet shuttles, which they bought cheaper there, sold more expensive here. Alas, he hooked and ordinary users.
Will others do the same?
In this regard, the behavior of Meizu, a direct competitor of Xiaomi for the attention of the Russian consumer, is indicative. Meizu also has a representative office in the Russian Federation, but no one is fighting the flow of gray imports - apparently, they want to drown it out not with bans, but with service and other advantages of “white” smartphones.
But there are also opposite examples, and - from the well-known to us Sony. The story about a guy from Surgut who ordered a PS4 Slim in Germany and received a fine has recently spread all over the Internet - but there it’s more about the imperfection of the bureaucratic system: the new “slim” simply did not have time to register in the registry database of notifications about the characteristics of encryption tools and goods. But the story that an employee of the press service of the Khabarovsk customs told to AmurMedia deserves close attention:
“There was a precedent when we turned back a package with Sony PlayStation, because the copyright holder said that he did not give permission for import,” Victoria Aleshina, press service of the customs office of the Khabarovsk Territory.
Victoria clarified that if a product is found in the parcel that is included in the list of Rospatent, then a request is sent to the copyright holder whether he gave permission for import. If the manufacturer refuses, the goods are returned to the seller. Judging by customer reviews, Sony is now adhering to just such tactics.
Ok, I bought a smartphone and it got stuck in customs, what should I do?
Strictly speaking, you have two options. Of these, only one is capable of leading to a satisfactory solution to your local problem.
Option 1. To sue the FCS, which is long and dreary. Even in the case of a successful outcome, the trial may last more than one year. By that time, the smartphone will lose its relevance. Plus, the overhead costs of litigation should be taken into account.
Option 2. Try to get money back. This option is preferable at least because there are successful precedents. For a refund, you need to make a request to the customs office about the reasons for the return, then open a dispute and attach a scan of the answer there, explaining that the transport company returned the goods.
No matter how many obstacles officials create. Most recently, a resident of Surgut was charged with an administrative violation for importing a Sony Playstation-4 game console. And all due to the fact that the set-top box can access the Internet using encryption (cryptographic) means. It would seem that this is absurd, but it turned out that there are things even more absurd.
At the end of April 2017, customs began to unpack packages with Xiaomi (Xiaomi) products, justifying this with counterfeit products. In fact, of course, there is no counterfeit. Parallel imports are summed up under this article, when products are supplied not only by official importers. The justification is the illegal use of the Xiaomi trademark. If earlier the ban on parallel imports applied only to goods and services for sale, now it suddenly began to apply when importing goods for own use individuals.
The legality of customs actions raises questions. Moreover, goods supplied for commercial purposes are recognized as counterfeit by a court decision, while parcels with Xiaomi goods for individuals coming from abroad are simply turned back by customs.
The Federal Customs Service of Russia maintains a register of intellectual property objects. Customs authorities may suspend the release of goods that violate intellectual property rights, including the right to use trademarks. In the case of parcels for individuals, the FCS independently determines the signs of counterfeit products, based on the data of the copyright holder.
The letter of the Federal Customs Service of Russia dated March 15, 2017 N 14-40 / 12293 "On the XIAOMI trademark" indicates measures to protect the Xiaomi trademark. Beijing Xiaomi Technology Co., Ltd is listed as the owner of the Xiaomi trademark, and the following are listed as official importers:
- LLC "SMART ORANGE"
- OOO "MIKSTEH"
- LLC "Retentiva Distribution Company"
- LLC "Consul"
To such actions of official Xiaomi importers, I have one answer - a complete boycott of the products of this company. To pay Russian sellers 2 times more for Xiaomi smartphones does not make any sense. Yes, and ignoring the problem will soon lead to a complete ban on the parallel import of electronics in international mail (IGO). The same iPhone, Sony and Nokia trademarks are in the same intellectual property registry.
When a manufacturer is just going to success and world fame, he does everything possible to please the buyers of his branded products. This has happened with Apple, Samsung, HTC and many other brands, but at some point they all lost touch with their audience and started doing what they want. Xiaomi decided to do the same, which simply banned the use of smartphones in Russia and other countries outside of China.
Unfortunately, the Chinese corporation Xiaomi can surprise not only with something good, but also with really bad things, one of which has been reported on official resources. According to brand representatives, from now on it is no longer possible to install the MIUI global firmware on any smartphone models that are intended for sale in the Chinese market. They can no longer be updated and reflashed.
When you try to install a global MIUI firmware on a Xiaomi smartphone for China with the Russian language built into it and Google services the mobile device will simply turn into a “brick”, that is, it will become impossible to use it. This also applies to global modifications of branded phones, on which it is no longer possible to install firmware for the Chinese region. The innovation affects all models released in 2018.
Among those Xiaomi Redmi 5, Redmi 5 Plus, Redmi Note 5, Redmi 6, Redmi 6A, Mi 6X, Redmi S2, Mi 8 Pro, Mi 8 EE, Mi 8 SE, Mi Max 3, Mi MIX 2S, and a number of others. All their owners should unlock the bootloader as soon as possible, because this is the only way to correct the situation and ensure that the smartphone does not turn into a “brick” with the next update. You need to understand that many residents of Russia, Europe, India and other regions of the world buy Chinese phone models for a reason.
Smartphones for China usually cost 10-30% less than versions for the international market. That is why experienced users buy Chinese configurations, and then reflash them to global firmware MIUI. After that, such mobile devices can be fully enjoyed without any restrictions, which millions of people have done for many years. However, the other day, Xiaomi's decision greatly spoiled the lives of all such users.
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Russian customs unpacks parcels with Xiaomi smartphones. So the country is trying to deal with gray supplies of Chinese devices. Customs does not approve?
Xiaomi: customs does not give the go-ahead?
The Chinese company Xiaomi is so popular and attractive that people are ready to order them from Chinese online stores on their own. But in addition to the risk of running into an unscrupulous seller, there was an additional risk associated with the refusal of customs to let these devices into Russia. In April of this year, there were several cases when customs refused to let Chinese company smartphones bought in China through. The official wording of the refusal may be different. Firstly, there is a requirement of the official distributor of Xiaomi LLC "Smart Orange" for a trademark, and secondly, devices can be equated to encryption tools and also not let them into the country. About a thousand people have already faced this problem. Basically, smartphones are not allowed into the territory Russian Federation through the customs of Yekaterinburg and Orenburg.
No cheap Xiaomi?
The opinions of news resources and analysts regarding this situation are divided. Someone claims that customs requirements are legal and import gray devices when there is an official representative in the country, it is illegal. And someone considers this whole situation a banal collusion and a lobby of distributors. Thus, not only gray suppliers suffer, but also ordinary people who independently bought smartphones in Chinese online stores. In March of this year, all divisions of the Customs Service of the Russian Federation received a notification that the Xiaomi trademark was included in the customs register of intellectual property. The method of checking devices at customs looks interesting. All parcels marked as "cell phone" or "phone" are checked. Boxes with similar marks are opened and checked. If a device with the Xiaomi logo is detected, then the customs officers contact the representative of Smart Orange, who may recognize the device as fake and import into the territory of the Russian Federation will be prohibited.
No exit?
How exactly the situation will be resolved is not yet clear. After all, not only gray retail suffers, but first of all ordinary people who want to buy good smartphone for little money. Signatures are being collected on the Change.org website for a petition addressed to the Federal Customs Service of Russia and Xiaomi Technology Co Ltd. In the petition, users are calling for the import of Chinese company devices by individuals. However, customs is not obliged to respond to such activities. Another thing is that it is not realistic to process all parcels with smartphones at customs, so someone may not be lucky, but someone will calmly receive their smartphone. But it’s not worth risking buying Xiaomi smartphones in Chinese online stores yet, because it’s not clear whether you will be lucky.
Russian customs began to detain small packages with equipment manufactured by Sony and Xiaomi and send them back abroad. It is known that shipments with electronics are massively opened and inspected at customs in Vnukovo, as well as in Orenburg and Yekaterinburg. There are also reports of returns from BlackBerry, Chuwi and some other companies.
The leading analyst of Mobile Research Group announced the new rules of the FCS. He advises those affected by the actions of customs to sue, because, according to him, the agency violates the "rules of mailing private individuals." True, it is not clear why they are suing, because foreign sellers return money to buyers if the goods have not reached them.
The Federal Customs Service can ensure that counterfeit products are not imported into Russia. In the case of smartphones, you can check the originality of the product by the EMEI number on the manufacturer's website.
With Xiaomi smartphones, everything is more or less clear. Smart Orange Company, one of the official distributors Xiaomi products in Russia, the status of the representative of the brand owner Beijing Xiaomi Technology. This allowed her to start the fight against the gray supply of smartphones. Each commercial batch Xiaomi devices must be coordinated with Smart Orange, and if customs reveals an unapproved import of goods, the company can seek its return to the foreign supplier through the courts.
Apparently, Smart Orange found out that a lot of Xiaomi smartphones are privately imported into Russia, which is not surprising, because in China, even taking into account the cost of postal delivery, they cost about half as much as in Russia. The point is not the greed of Russian resellers, but the fact that in Asian countries Xiaomi can earn money on its services, but they are not adapted for Russia.
Sony, apparently, also believes that the private import of its products in Russia has a negative impact on financial performance.
BlackBerry smartphones and Chuwi tablets are not officially sold in Russia, and therefore, they do not have notifications allowing their use in our country. Moreover, buyers of such devices face a fine. In April, a resident of Surgut was charged with an administrative offense under Art. 16.3 of the Code of Administrative Offenses of Russia for ordering a Sony PlayStation 4 Slim game console in Germany. It refers to cryptographic (encryption) means and it is prohibited to import it into the country without issuing special documents.
Buying smartphones, tablets, game consoles and other equipment not represented in Russia has always been dangerous because of the likelihood of running into a fine. Now these risks have been supplemented by purchases of products of brands operating in Russia. If you still decide to purchase a Xiaomi smartphone via the Internet, it is better to look for devices that are already in Russia, since customs does not check them. For example, Xiaomi has an online store on AliExpress - all the goods presented in it are already in our country and cost about half as much as those of resellers.
