Parallel import: pros and cons

Often, original goods with the presence of legal marking of a trademark are imported into the territory of the state by an official distributor, based on the relevant license agreement. The same goods can be imported and using an unofficial distribution channel or not the right holder. It is this economic phenomenon that is called "parallel imports" (or "gray imports").

From the position of the law, consideration of this phenomenon should be based on determining the extent of the exhaustion of exclusive rights to the trademark. Domestic legislation stipulates the time when the right holder has the right to exercise control over the goods, which has the appropriate marking (trademark). It is in this aspect that parallel import identifies two basic principles for the exhaustion of such rights: international and national. At the first approach such exclusive rights can be settled by introduction in a turn of the goods in territory of any country, proceeding from the doctrine of the first sale. In the second case, the exhaustion of such rights occurs when goods are entered into circulation within the state. The presence of a national principle will allow the owner of a trademark to bring to justice those persons who import the original goods into the country's territory without his special permission.

Parallel imports are in some ways regulated by the legislation of the Russian Federation. Periodically, the government makes decisions prohibiting customs authorities from confiscating certain goods that are attributed to the original and imported with the absence of permission of the right holder of the trademark. These legislative acts with respect to these importers exclude the use of administrative responsibility for unconfirmed use of the trademark. Thus, with the use of legal levers, legalization of parallel imports is carried out. Therefore, as an effective method of combating the illegal use of the right to a trademark, filing lawsuits with the court to recover the corresponding losses or monetary compensation is applied.

We should not forget about the fact that parallel imports are reflected on the final consumer. And this is natural. After all, the cost of original goods imported by parallel importers is slightly lower than the one that official distributors put on the market. Sometimes such a difference can reach 50 percent. Therefore, the consumer is more profitable to purchase the same products, but at a lower price. In addition, experts noted that the ban on parallel imports does not contribute to the development of healthy competition in the market. Also, it will negatively affect the development of high-tech and innovative domestic industries, will not allow small business to develop.

Therefore, it is necessary to take into account that the official data show: the "parallel" import of "parallel" imports in Russia made up 19% of the sold goods of independent online stores.