On 13 February 2018, the Constitutional Court of the Russian Federation adopted Resolution No. 8-P on the results of consideration of the application of PAG LLC to declare a number of provisions of the Civil Code of the Russian Federation on trademarks unconstitutional. PAG LLC challenged the legality of the national principle of exhaustion of the exclusive right to a trademark provided for in Article 1487 of the Civil Code of the Russian Federation, as well as the norms that allow original goods imported into Russia without the right holder's consent to be recognised as counterfeit and destroyed at the claim of the right holder.
Parallel imports: recent practice and FAS position