Parallel import remedies: Russia and Kazakhstan
The issue of 'parallel import', i.e. importation and(or) sale in any country of original trademarked goods, which were not put by the exclusive right holder into civil circulation in this country, and remedies applicable by the rightholders, directly relates to the key aspects of regulation of trademark rights such as:
- 'right exhaustion' principle, i.e. the lose by a rightholder of its exclusive right to a trademark, including the right to prohibit the trademark use after the legal putting of the trademarked goods into civil circulation;
- identification of counterfeit goods, i.e. goods that is illegally trademarked.
Yana Dianova, Director of the Corporate and Commercial Law Department, GRATA Law Firm, Moscow
Saule Akhmetova, Partner, GRATA Law Firm, Almaty
Timur Berekmoinov, Lawyer, GRATA Law Firm, Almaty
First published in "Корпоративный Юрист" №5 (2015) http://www.clj.ru/journal/430/