Protection of Intellectual Property Rights in Russian Jurisdiction Amid Legalization and Expansion of Parallel Imports: Trends and Prospects
In 2022, hostilities in Ukraine caused a massive exodus of foreign companies from the Russian market. Replenishing the deficit in Russia of goods labeled with foreign trademarks is carried out through the legalization of parallel imports. At the same time, the current parallel import scheme is not capable of ensuring the entry into Russian cinemas and online platforms of foreign films, the copyright holders of which do not provide consent to the use of their works in Russia, due to the fact that, by their legal nature, films and other content are objects of intellectual property, but not goods. This article analyzes trends in judicial practice and legislative activity in the field of intellectual property rights in Russian jurisdiction, taking into account the current geopolitical situation.
- The Constitution of the Russian Federation.
- The Civil Code of the Russian Federation.
- Federal Law No. 46-FZ date 08.03.2022 Amending certain legislative acts of the Russian Federation.
- The Resolution of the Government of the Russian Federation No. 506 dated 29.03.2022.
- Decree of the Ministry of Industry and Trade of Russia No. 2701 date 21.07.2023.
- The Arbitration Court of the Kirov Region Decision No. A28-11930/2021 date 03.03.2022.
- The Court for Intellectual Rights Decision No. A41-51820/2022 date 27.04.2023.
- The Federal Tax Service of Russia. Retrieved from https://bo.nalog.ru/download/bfo/pdf/7093773?period=2022