The Russian Federation does not want to part with sub -goods: what has come up with an aggressor

Thus, changes in the legislation of Russia are actively discussed in Ukraine, according to which the so -called "parallel import" is allowed. It is important to distinguish between parallel imports of goods with the production or import of counterfeit (counterfeit) products. The difference is that parallel imports are imports of goods produced by the trademark owner, or with its permission, in another country.

While counterfeit products are copying the original products of the corresponding brand without the permission of its owner. Therefore, the import/export of counterfeit goods cannot be considered parallel. The law signed by Putin on 28. 06. 2022 has the right of the Government of the Russian Federation to establish a list of goods that cannot be applied to certain provisions of the Civil Code of the Russian Federation on the protection of exclusive rights to the results of intellectual activity.

In turn, the Ministry of Industrial Committee of the Russian Federation issued an order in April, which approved a list of goods, in relation to which the provisions of PP are not applied. 6 tbsp. 1359 and Art. 1487 of the Civil Code, subject to the introduction of these goods and their groups into circulation outside the territory of the Russian Federation by the right holders (patentee), as well as with their permission. Non -applicable rules apply to the exhaustion of rights.

The exhaustion of rights, by general definition, is cases where the right holder of a certain intellectual property object cannot prohibit the use of that object. There are three basic principles for the exhaustion of rights in the world: national, international and regional. In the Russian Federation today there is a "national" principle of exhaustion of rights.

This principle is that the right to import an original product of a particular brand, but produced outside the territory of the Russian Federation, has only the right holder of this object and the person to whom the owner granted such right. After changes from 28. 06. 2022 in relation to a certain list of goods in the Russian Federation, the "international" principle is now in force.

According to the international principle of exhaustion, anyone who officially purchased the original product in any country of the world and the additional permission of the right holder is not required. This model is in particular used in Japan, Canada and Turkey. We believe that changing the application of the principle of exhaustion of rights in the Russian Federation is not critical for the right holders in the field of protection of their intellectual property rights in the territory.

Moreover, for brands that have officially left the Russian market due to war and sanctions. At present, we have not found any rules in the legislation of the Russian Federation that would allow the manufacture, sale, import and other ways of using counterfeit products. However, we observe a real increase in cases of different imitation of known trademarks in the Russian Federation. The Russians steal musical compositions, photos of stars, giving them for their own property.

As of today, the right holders have the right to defend their intellectual property rights in the Russian Federation, trying to prohibit various copies, counterfeit and other violations. Legislatively, no one has claimed this right. But do you need to do it? This country falls into the abyss, where its population will use counterfeits and copies, will degrade creatively and mentally.