War and Intellectual Property

Registering IP rights with Russian customs to block infringing goods before they enter the country is a very useful provision of Russian legislation against parallel imports; however, some Russian legislators have recently decided otherwise, in reaction to external sanctions due to the current conflict with Ukraine.

In order to avoid shortages, the Russian government has decided to accept parallel imports of certain goods without the authorization of their IP rights holders (provided that these products have already been marketed abroad).

Thus, a wide range of goods (more or less essential) can be imported into Russia outside the official distribution channels: pharmaceutical products, technical textiles, electrical equipment and machinery, aluminum, watches, but also toys, sports equipment, as well as products of companies that have left Russia such as BMW, PANASONIC, JOHN DEERE, TEXACO…

Only perfumes and cosmetic products are no longer on the list of illegal imports and can therefore no longer be imported into Russia without the authorization of their owners (such as LANCOME, REDKEN, YVES SAINT LAURENT, VALENTINO…)

Goods that can be replaced by similar Russian goodss or supplied by countries “friendly” to Russia, such as natural textile fibers (cotton, wool, silk), yarns and chemical fibers, etc., are not subject to parallel imports.

Therefore, these parallel imports make it difficult for the owners of the goods and paradoxically for the Russian customs as well – they play into the hands of the usual counterfeiters.

– Sylvie BOYER, Paralegal at Mark & Law

Source: « Be aware of the challenges when fighting against counterfeits in Russia », Papula Nevinpat firm, September 16, 2022, accessible here.