Dispute over parallel imports in Russia
The Federal Antimonopoly Service (FAS) has proposed legalizing parallel imports, which are considered non-counterfeit products imported from another country without the permission of the IP rights owner. However, companies producing in Russia are exempt, according to Igor Artemyev (head of FAS).
A system to protect investments from depreciation and help maintain a positive investment climate is proposed. “Russian businesspeople must be able to import legal commodities from any country,” Mr. Artemyev said at a competition and IP roundtable discussion during the International Legal Forum in St. Petersburg.
The FAS questioned why a rights holder gives permission for the import of one batch but denies permission for another batch. It may appear as discrimination even though the IP owner has the monopoly right for a given commodity.
Mr. Artemyev emphasized that if the FAS finds distributors selling a drug imported from for example Germany at a price six times higher its original price, the FAS will penalize the distributors and collect turnover-based fines from them. “With all due respect for the rights holder, we must think above all about consumers,” the FAS head said.
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