The corresponding changes to article 21 of the law “On Advertising” are proposed by Senator Sergei Kalashnikov.
The explanatory note states that the draft law proposes to establish provisions fixing the possibility of using images of people and animals, “which are trademarks registered in the established manner,” in alcohol advertising.
“Such measures will help streamline the realization of the owner’s rights to the means of individualization of a legal entity and ensure the realization of these rights in advertising,” the note says.
The author of the initiative points out that the existing prohibition on displaying trademarks containing images of people and animals in alcohol advertising “does not seem effective as a measure to combat alcohol abuse,” since the alcohol trademark in advertising “inactively affects consumers in terms of excessive use of "alcohol.
“The existing ban restricts competitive opportunities for rightholders, whose trademarks contain images of people and animals, since advertising is one of the most important attributes of competition and an effective means in fair competition,” the report stresses.
The author recalls that, at present, the law prohibits the use of alcohol and images in people allowed for this purpose, including images of people and animals, including those made with the help of animation.
Earlier, a draft law was submitted to the State Duma, which proposes to legally divide beer into “living” and “dead”, thereby banning all advertising of pasteurized beer and beer surrogates.
In December 2018, the media wrote that the Ministry of Communications supported the draft law providing for exemptions for beer advertising.