OREANDA-NEWS. February 12, 2009. The Federal Antimonopoly Service (FAS Russia) initiated a case against "Elektroapparat" OJSC for violating Article 11 of the Federal Law "On Protection of Competition" as well as against "Elektroapparat Trading House" Ltd. for violating Clause 8 Part 1 Article 11 of the Federal Law "On Protection of Competition", reported the press-centre of FAS Russia.

The case was initiated upon a petition of "Divnogorsk Plant of Low-Voltage Automatic Machines" Shareholding Company.

Divnogorsk Plant of Low-Voltage Automatic Machines" OJSC ("DZNVA" OJSC) manufacturers automatic circuit breakers for conducting electric current in the normal mode and interrupting current in case of overcharging, short circuits, and intolerable voltage reduction, as well as for infrequent (up to 30 times a day) operative electric circuit switching-on and cutting-off.

To protect company products and innovative design of circuit breakers, "DZNVA" OJSC patented several models in accordance with the procedures established by the legislation of the Russian Federation.

In 2006-2007 "Elektroapparat" OJSC, a competitor of "DZNVA" OJSC, introduced new products on the market, which were identical to the products manufactured by "DZNVA" OJSC.

On 13th November 2007, to suppress manufacturing of the products similar to the degree of confusion with the company's products, "DZNVA" OJSC filed opposition to the Chamber for Patent Disputes of Rospatent (the Federal Service for Intellectual Property, Patents and Trademarks). As a result, the patents issued to "Elektroapparat" OJSC for several industrial prototypes were held fully invalid. The Rospatent decisions came into force.

Despite nullification of these patents and the ruling of the Moscow Arbitration Court, "Elektroapparat" OJSC continues manufacturing automatic circuit breakers and introducing them in civil circulation, using industrial prototypes for the patents, issued to "DZNVA" OJSC.

Also, "Elektroapparat Trading House" Ltd., a member of the same group of persons with "Elektroapparat" OJSC, offered exclusive discounts to some buyers of "DZNVA" OJSC under a condition they would start buying automatic circuit breakers from "Elektroapparat Trading House" Ltd. and proposed that they should "gradually stop using the competitors' products".