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ARTICLE · 09 JUNE 2015

Russian Government Initiative To Allow Parallel Importation

Gowling WLG
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Under the current legal provisions, importers are required to have authorisation from the rights holders when importing goods into Russia.

RussiaIntellectual Property

Under the current legal provisions, importers are required to have authorisation from the rights holders when importing goods into Russia. The RF Civil Code (Article 1487) establishes the principle of the national exhaustion of trademark rights. This means that goods which are imported into Russia by the trademark owner or with his approval are considered legally introduced into civil circulation. Further use of such goods by other entities does not violate the exclusive rights to trademarks. Importation of goods into Russia otherwise violates the rights holder's exclusive rights to trademarks. Ordinarily, such importation without permission is deemed to be parallel importation.

Recently, following the Russian Prime Minister's instructions, various ministries, such as the Ministry of Economic Development, the Ministry of Health, the Ministry of Industry and Trade, submitted to the Russian Government their suggestions for allowing parallel importation into Russia of

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