Will parallel imports become entirely legal in Russia?

1.2.2018

The question about the legitimacy of parallel import has been open in Russia for several years now.

Parallel import has been thus far considered illegal, but a new wave of decisions started in 2017 when the Federal Antimonopoly Service (FAS) issued a warning notice to Daimler AG, Renault, KYB Corporation and YD-Diagnostics, suggesting that these organizations are restricting competition and violating the antimonopoly legislation. These companies refused to consent to the parallel import of goods. The warning notice was based on a petition received from unauthorized importers of goods.

KYB Corporation appealed the warning notice to the Moscow Commercial Court. The decision of the Court which was issued on 13 December 2017 supported the same position as FAS. The Court stated that the import of goods does not lead to any confusion, and does not pose a threat to the public interests. Further, it confirmed that “these actions conflict with the principles of integrity, reasonableness and fairness and, generally, are contrary to individual, collective and public rights and legitimate interests of the civil circulation participants; and therefore, comprise the elements of unfair competition.” The Court decision has further been appealed by KYB Corporation.

At the same time the Constitutional Court of Russia is also considering the parallel import issue. The final status of the question about parallel import may be determined through Court decisions in the near future.

We will continue to closely monitor this issue. For further information please contact Ms Annikki Hämäläinen.

News

Information about possible exceptional arrangements at the patent offices in Finland, Russia and Eurasia due to coronavirus pandemic

Exceptional arrangement are in place at the following patent offices: Russia, EAPO, Azerbaijan and Georgia.

Papula-Nevinpat again recognized as one of the top patent firms both in Finland and Russia in the 2020 edition of the IAM Patent 1000

“Papula-Nevinpat always produces phenomenal work and is one of the best patent attorney firms to cooperate with.”

Patent litigation in Russia in a nutshell

The Russian patent litigation system is bifurcated: patent infringement cases are heard by courts, while patent invalidity actions are filed with an administrative body of the Russian Patent Office called the Chamber of Patent Disputes.

Two Papula-Nevinpat lawyers named to 2021 Best Lawyers™ list: Alexander Polikarpov and Marina Smirnova

Papula-Nevinpat is very pleased to announce that Alexander Polikarpov, Eurasian Patent Attorney, and Marina Smirnova, Patent and Trademark Attorney, have been included in the 2021 edition of The Best Lawyers in Russia under Intellectual Property Law.