Papula-Nevinpat in WIPR: The new IP landscape in Russia
Read the article in the latest issue of the World Intellectual Property Review (issue 4/2022) written by our European Trademark Attorney Riikka Palmos.
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.
Read the article in the latest issue of the World Intellectual Property Review (issue 4/2022) written by our European Trademark Attorney Riikka Palmos.
Read about new IP-related counteractions to sanctions in Belarus and Russia.
This Christmas we have donated to the Good Holiday Spirit campaign (Hyvä Joulumieli). It is a campaign with an aim to raise funds for food supplies for families in Finland who are in need due to unemployment, illness, debt, low income, or some other crisis. The raised funds are given to the families as gift […]
Andreas Hoffmann is IP Director at Finnish mining-equipment giant Metso Outotec – a key Papula-Nevinpat customer. He spoke about his team’s special approach to managing a global network of patent attorneys at Papula-Nevinpat’s IP summit held in October 2022.