28.04.2015

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. 

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Authors:

Yana Dianova, Director of the Corporate and Commercial Law Department, GRATA Law Firm, Moscow

E-mail: Ydianova@gratanet.com

Saule Akhmetova, Partner, GRATA Law Firm, Almaty

E-mail: sakhmetova@gratanet.com

Timur Berekmoinov, Lawyer, GRATA Law Firm, Almaty

E-mail: tberekmoinov@gratanet.com

 

First published in "Корпоративный Юрист" №5 (2015)  http://www.clj.ru/journal/430/ 

Saule Akhmetova

Partner, Branch Director

Yana Dianova

Director of Corporate and Commercial Law Department, GRATA International (Moscow)

Leila Makhmetova

Counsel, Director of Environmental Law Department