Application of the Principle of Exhaustion of Trademark Rights and Complexities of Parallel Imports within the EAEU

The problem of the parallel import legalization is one of the most discussed and analyzed topics in the field of protection of intellectual property rights within the Eurasian Economic Union. The ambiguous outcomes of the legalization of parallel imports in the EAEU have been the focus of debate among researchers for several years. Due to the contradictory nature of the arguments presented by the participating countries, reaching consensus becomes extremely problematic. However, if this field is not regulated by law, the “grey market” could significantly outpace the growth rate of the official market, what makes this problem particularly acute. The purpose of this work has been to identify the framework for regulating the protection of exclusive rights to trademarks and parallel imports within the EAEU, to consider problematic factors hindering the further development of integration in this area, as well as to analyze the advantages and disadvantages of introducing a differentiated approach to applying the international principle of exhaustion of exclusive rights within the association. To achieve this goal, the author has to analyze the theoretical foundations of the principle of exclusive rights exhaustion to trademarks and parallel imports, as well as the possible consequences of its legalization; identifying the basis for regulating the institution of exhaustion of trademark rights and parallel imports within the EAEU; highlighting the difficulties impeding further liberalization of parallel imports in the Union; as well as examining positive and negative outcomes of the possible application of a differentiated approach to the application of the international principle of exhaustion of exclusive rights to a certain group of goods. Based on the results of the study, conclusions have been drawn about the difficulties in regulating parallel imports within the EAEU; as well as the possible advantages and disadvantages of applying a differentiated approach to the application of the international principle of exhaustion of trademark rights have been analyzed.