Kaliningrad Region will be the first one to legalize parallel imports. Sergey Vodolagin quoted by Kommersant.ru

In Russia, disputes over parallel imports, i.e. the ability to import goods without the consent of the right holder, have been going on for many years. Supporters of its legalization say that such a measure will reduce prices and stimulate competition. Opponents insist that parallel imports will lead to the growth of counterfeit. Experiment in the Kaliningrad region: the governor Anton Alikhanov proposed to create for importers, first of all-drugs importers - a test site in the region, - can show who is right.

Now the national principle of exhaustion of the rights to a trademark in Russia operates, which means that the import of goods can be carried out only by the owner of the brand or the supplier authorized by him. Import of the same products without the consent of the right holder is considered as a violation of the rights to the trademark. Such ban relates to many industries, including the sale of many drugs, household goods and auto parts.

Various structures have tried to abolish the ban on parallel imports for several years, including the Federal Antimonopoly Service (FAS). The service is confident that the transition to the international principle of exhaustion of rights will increase competition and prevent sellers from raising prices.

Sergey Vodolagin, "Westside" law firm managing partner sais: "In accordance with Art. 71 of the Russian Constitution, the establishment of a legal basis for a single market, customs regulation, foreign economic relations, civil legislation and the legal regulation of intellectual property are within the exclusive jurisdiction of the Russian Federation. In this regard, it seems problematic to introduce a special regime for parallel imports within a single constituent entity of the Russian Federation. Nevertheless, there may be some easing of the ban on parallel imports in connection with the recent decision of the Constitutional Court of the Russian Federation, but not at the level of normative legal acts of the subject of the federation, but at the level of law enforcement practice both in courts and in other state bodies (for example, customs) because it is at the customs house that primary identification of parallel imports can occur. Such development of the situation is fraught with law enforcement arbitrariness and the spread of corruption manifestations; it can have a negative impact on the Russian economy. "

More detailed at https://www.kommersant.ru/doc/3607518 Back