PRACTICE OF PARALLEL IMPORTING: PROTECTION OF INTERNATIONAL COMPANIES' TRADEMARKS RIGHTS IN RUSSIAN FOREIGN TRADE

Oksana Falchenko,Alexander Semin,Victor Kovalev,Veronika Vyazovskaya

doi:10.12955/cbup.v5.932

Abstract

The paper is devoted to the problem of the exhaustion of international companies' trademarks and other intellectual property objects rights in the foreign trade practices of Russia and other countries of the Eurasian Economic Union (EEU). The paper focuses on the problems of trade integration through the intellectual property market, since any free movement of goods should always be correlated with respect for the interests of the trademark rights owners. The aim of this paper is to explore the process of parallel importing in the aspect of international companies trademarks intellectual property rights in the Russian Federation and EEU countries and the opportunities and challenges it provides for both manufacturers and importers. The problem of importing products labeled with trademarks through parallel import channels to Russia is being considered using the schemes for the importation of counterfeit goods into Russia through EEU countries. The analysis shows that there are the problems with the application of the mechanisms of trademarks customs protection in practice. The main problem is the lack of unified legislation for intellectual property protection in EEU members.

Highlights

With the creation of the Customs Union, the Common Economic Space, and the Eurasian Economic Union (EEU), the issues of intellectual property protection in the member countries are becoming more urgent, as the development of integration processes intensifies the consolidated movement of goods between business entities located on the territory of the EEU member states
The purpose of this paper is to explore the process of parallel importing in the aspect of international companies trademarks intellectual property rights in the Russian Federation and EEU countries and the opportunities and challenges it provides for both manufacturers and importers
There is a problem that undermines the effectiveness of the national TROIS, consisting in the fact that, due to the difference in their filling, there is the possibility of unimpeded importation of goods containing intellectual property to the territory of one of the states in which they are not protected by rights holders, and taking into account the absence of internal customs borders for their further distribution in the territory of other EEU countries

Summary

Introduction

With the creation of the Customs Union, the Common Economic Space, and the Eurasian Economic Union (EEU), the issues of intellectual property protection in the member countries are becoming more urgent, as the development of integration processes intensifies the consolidated movement of goods between business entities located on the territory of the EEU member states. There is a problem that undermines the effectiveness of the national TROIS, consisting in the fact that, due to the difference in their filling, there is the possibility of unimpeded importation of goods containing intellectual property to the territory of one of the states in which they are not protected by rights holders, and taking into account the absence of internal customs borders for their further distribution in the territory of other EEU countries. Schema content There is the National (territorial) principle of exhaustion of rights in Russia, Belarus and Kyrgyzstan, while in Kazakhstan and Armenia it is international According to this scheme, it is possible to import goods to Russia through the customs border of Kazakhstan or Armenia, where the exclusive right of the right holder is deemed to be exhausted after the introduction of a specific commodity into circulation in any country, and due to unimpeded movement within the EEU, the goods can be delivered to Russia.

A RECORD HIGH AMOUNT OF COMPENSATION A RECORD LOW AMOUNT OF COMPENSATION

Findings

Conclusion