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

Is your brand protected – also in Russia?

Why is it so important to protect your brand also in Russia? Our Russia IP specialist Riikka Palmos explains in her blog why and provides you with a checklist that helps to do safely business in Russia.

I got a cease and desist letter – what should I do?

Did you receive a cease and desist letter? Our IP expert Matti Brax advises in his blog what you should do first.

Papula-Nevinpat in WIPR: A new system to rival Madrid?

You may have heard rumours about a new trademark protection system created in Eurasia. Read about the upcoming new system, what does it mean and who will benefit.

A patent portfolio increases your company’s value and spurs global success – Case Virta

When going international Virta became aware of how crucial intellectual property is - patented technology increases the company’s value and brings benefits to the whole industry.