August 2018 (MOSCOW): It is important to time stamp this review
because the law as to parallel importation in Russia is quickly
evolving and the subject is a moving target.
After the introduction of Part IV of the Russian Civil Code, the
first notable gray market decision was the Porsche case in 2009.
There was much discussion in the following years as to what
Russia's stand on parallel importation should be and in the
last two years the topic has been closely scrutinized by the
Eurasian Economic Union, The Federal Anti-monopoly Service (FAS),
the Arbitration Court, the Constitutional Court, the IP Court and
most recently the State Duma.
Under Part IV of the Civil Code
Since the introduction of Part IV of the Civil Code in 2008, it
has been clear that Russia operates as a national exhaustion of
rights country. Under the provisions in Part IV, it is a form of
trademark infringement when goods are introduced into commerce in
Russia, without consent, by anyone other
