It is surprisingly common with startups to not know how to incorporate patenting in their company’s business strategy. Our patent specialist Jorma Selin blogs about important aspects for you to consider.
Will parallel imports become entirely legal in Russia?
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.
- Patenting – a startup’s tool to create value and boost growth
- Our head office is closed on Friday 21 June 2019 due to Midsummer
- Papula-Nevinpat recognized as one of the top patent firms both in Finland and Russia in the 2019 edition of IAM Patent 1000
- Papula-Nevinpat’s events during INTA 2019 in Boston were a huge success
- Papula-Nevinpat in WIPR – A turning point for Russian legal services?