Parallel imports: recent practice and FAS position

15.05.2018

On 13 February 2018, the Russian Constitutional Court issued Ruling No. 8-P in relation to a case brought by LLC PAG to have a number of provisions of the Russian Civil Code regulating trademarks declared unconstitutional. LLC PAG was challenging the legality of the national principle of exhaustion of exclusive rights to trademarks, enshrined in Article 1487 of the Civil Code, and the rules enabling original goods that have been imported to Russia without the right holder’s consent to be declared infringing goods and destroyed based on a claim brought by the right holder.

Parallel imports: recent practice and FAS position