It is not necessary to specify the characteristics of the equivalent product, if they can be found in open sources

21 November 2019, Thursday

Some components of the equipment purchased by the customer had trademarks. In the documentation, the customer gave their names, attributing "or equivalent". UFAS considered it a violation. The customer should specify what characteristics the equivalent product should meet.

The court overturned the decision of the FAS. The law does not oblige the customer to set the equivalence parameters of the goods. Components that had trademarks are common on the market. They are produced according to standards, all information is posted on the websites of manufacturers. It will not be difficult for participants to learn these characteristics in order to offer equivalent components.

Document: resolution of the AC of the Ural district of 22.10.2019 on the case N A50-1331/2019

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