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Exclusive right to a trademark under conditions of parallel imports

Student: Efanova Anna

Supervisor: Valentina Sinelnikova

Faculty: Faculty of Law

Educational Programme: Jurisprudence: Civil and Business Law (Bachelor)

Year of Graduation: 2020

The aim of this work is to identify existing inconsistencies in the regulation of exclusive trademark rights, identify the main problems of parallel imports and propose solutions. The current work examines the evolution of the exhaustion of exclusive right to a trademark in connection with the rules on counterfeiting and some other provisions of Russian civil legislation. It was analyzed the ways of protection, which are available to the right holders with parallel imports after the entry into force of Judgement of the Russian Constitutional Court No. 8-P of 13 February 2018 which in many respects is crucial for parallel importers operating on the Russian market. It is concluded that in view of the changes the right holders have practically no legal means of influence on parallel importers. In this context, a number of preventive measures are suggested that rights holders could take to reduce parallel imports. The work analyzed the pros and cons of legalizing parallel imports and the model of legalization proposed by the Federal Antimonopoly Service of the Russian Federation. It seems reasonable and appropriate to make changes to art. 1515 of the Civil Code and art. 14.10 The Code of Administrative Offences of the Russian Federation. The current work also refers to the need to establish legislative distinctions between persons doing business and natural persons purchasing goods for personal needs in trademark legislation. However, changes in national legislation should be made in a manner consistent with and consistent with supranational legislation. In order to solve this problem, it seems, first of all, that the question of choosing one model or another from an economic point of view must be resolved at the government level.

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