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Amendments to the List of goods (groups of goods) permitted for parallel import

Pepeliaev Group advises that public discussions are being held of the draft amendments to the List of goods (groups of goods) to which the provisions do not apply of articles 1359(6) and 1487 of the Russian Civil Code, provided that these goods (groups of goods) are released into circulation outside Russia by right holders (patent holders) or with their consent. The List was approved by Order No. 1532 of the Russian Ministry of Industry and Trade dated 19 April 2022. 

What can change

It has been proposed to supplement the List of goods (groups of goods) with products labelled with trademarks specified in the draft amendments which are included in commodity groups 06 of the Commodity Classification for Foreign Trade of the Eurasian Economic Union:

  • alcoholic beverages;

  • non-alcoholic beverages;

  • vinegar.

The list of trademarks has been adjusted with respect to commodities of group 27 of the Commodity Classification for Foreign Trade of the Eurasian Economic Union:

  • mineral fuel, oil and products of the distillation of them;
  • bituminous substances;

  • mineral waxes.

Other amendments have been introduced including those which add/remove from the Order goods which are labelled with trademarks specified in the Order. For example, the range of goods have been removed from the List which are labelled with a trademark containing the verbal element KYOCERA. 

What companies will be able to use the new developments

Importers of goods which fulfil the following conditions:

  1. An invention, utility model or industrial design is used in the goods, and/or a trademark has been affixed to the goods, the packaging of them or the documentation which is directly connected with such goods being released into circulation.

  2. The goods have been released into circulation by the right holder or with their consent outside Russia.

  3. The goods are on the list approved by Order No. 1532 of the Russian Ministry of Industry and Trade dated 18 April 2022 (with amendments which have assumed legal force).

  4. The goods have been imported to Russia, including through countries of the Eurasian Economic Union.

If all these conditions are fulfilled, parallel import of the goods is permitted. Parallel import of goods means that the right holder’s consent is not required for it.

Controlling authorities may request documents which confirm that the goods imported to Russia are of “lawful” origin, in other words, that they were produced by the right holder or with their consent.

The stage of the consideration of the amendments to the Order

At present, public discussions are being held of the draft regulatory act and an independent anti-corruption expert examination is being carried out.

You can use the link to become acquainted with the text of the draft and if you register at the website, you can submit your suggestions.

What to think about and what to do

It is recommended to regularly keep track of the changes being made to the List for the purposes of preventing violations of exclusive rights to intellectual property items and/or protecting right holders from the unlawful import of goods in which an invention, utility model or industrial design are used and/or a trademark has been affixed to the goods, their packaging or the documentation which is directly connected with such goods being released into circulation.

Help from your adviser

Pepeliaev Group’s lawyers are closely monitoring amendments in legislation, following the latest case law and the practice of state authorities, including in the area of intellectual property. This allows us to successfully protect the rights of our clients, and provide them with effective legal assistance in matters related to intellectual property.

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