often original products with the presence of legal labeling trademark imported into the territory of a State official distributor on the basis of the applicable license agreement.These products may be imported and the use of informal channels of distribution or not the copyright.It is this economic phenomenon is called "parallel importation" (or "gray imports").
From the standpoint of the rights of the consideration of this phenomenon should be based on the definition of the edge of exhaustion of the exclusive rights to the trademark.Domestic legislation fixed point at which disappears from the copyright owner the right to exercise control of the goods, which has a corresponding mark (trademark).It is in this aspect of parallel imports identifies two main principle of exhaustion of rights: international and national.In the first approach, such exclusive rights may be exhausted by the introduction into circulation of goods in the territory of any country on the basis of the first sale doctrine.In the second - the exhaustion of rights occurs when entering into circulation of goods within the state.The presence of the national principle will allow the trademark owner to bring to justice those individuals who import into the country genuine products without his permission.
Parallel imports in a sense governed by the laws of the Russian Federation.Periodically, the government adopted regulations prohibiting customs authorities to confiscate certain products classified as original and imported to the lack of resolution of the right holder of the trademark.These legislative acts in relation to such importers eliminated the use of administrative responsibility at the unconfirmed use of a trademark.Thus, with legal levers made the legalization of parallel importation.Therefore, as an effective method to combat illegal use of trademark rights apply to the court filing claims for the recovery of appropriate damages or monetary compensation.
We must not forget the fact that parallel imports are reflected in the end-user.And this is natural.After all, the original value of the goods imported by parallel importers, slightly lower than the one put on the market of authorized distributors.Sometimes, the difference can be up to 50 percent.Therefore, the consumer is more profitable to buy the same products, but at a lower price.In addition, the experts pointed out that a ban on parallel imports is not conducive to healthy competition in the market.He also have a negative impact on the development of high-tech and innovative domestic industries will not grow a small business.
therefore necessary to take into account that official data show a "leaked" in the Russian parallel imports in 2013 amounted to 19% of goods sold independent online stores.
