Russia expands access to parallel imports and its legal implications
Today, during the second and third readings, the State Duma quickly approved a law that legalizes parallel imports. This measure allows certain categories of goods to enter the Russian market without the explicit permission of rights holders. The provision remains valid through the end of 2022, offering a shield to individuals and companies bringing so-called grey imports into Russia from potential civil, criminal, and administrative liability.
Parallel imports are expected to broaden the availability of scarce and genuine products that have faced import restrictions imposed by sanctioning countries. The eligible goods include multiple automobiles, spare parts, and automotive tools. This policy aims to ensure alternative sources for essential items while sanctions limit access through traditional channels.
With respect to these goods, liability under civil, criminal, and administrative provisions for protecting exclusive rights in the results of intellectual activity does not apply. In essence, the protection usually afforded to rights holders over creative outputs or patented innovations does not extend to the imported items under the new regime, provided they meet the criteria for parallel importation.
State Duma Speaker Vyacheslav Volodin reminded listeners that earlier amendments already authorized the government to compile a list of goods in 2022 that may be exempt from certain Civil Code protections for exclusive rights in the results of intellectual activity. The current standard adds that the use of these results in the described goods is not considered an offense, thereby reducing potential legal friction for importers and distributors.
There is also movement in neighboring Belarus, where lawmakers are considering a similar approach to allow parallel imports. If enacted, this would align regional policy with broader efforts to maintain access to key products amid ongoing global disruptions.
Reference
Parallel (grey) import legality pertains to bringing into the country original products from certain brands without permission from the copyright owner, in quantities suitable for sale and through legitimate points of sale. This may involve routes through non member countries of anti-Russian sanctions, under carefully defined conditions.
Photo: Depositphotos