Certainty on parallel imports

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Certainty on parallel imports

Case of the year 2012: BMW v Avtologistika

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It has been hard for IP owners to take action against parallel imports in Russia in recent years. Traditionally cases had to be brought under the country's administrative code, which was not particularly effective, in part because the code only implies protection against parallel imports – in an article on exhaustion of rights. Things got worse when the Supreme Arbitration Court ruled in case involving Porsche that cases should not be brought under the administrative code, but the civil code. This created uncertainty and – perhaps more importantly – made cases expensive because the IP owner now had to bring cases itself, rather than being a third party.

Little by little, civil cases were brought. Initially, there were a few contradictory decisions. Finally, BMW brought a landmark case against Avtologistika against the import of spare parts. The ruling in favour of BMW survived appeal and being sent back to the first instance court. "Finally, we can say with 100% certainty that parallel imports can be blocked in Russia," says Vladimir Biriulin of Gorodissky & Partners.

This case was selected as one of Managing IP’s Cases of the Year for 2012.

To see the rest, click on one of the cases below.

The 10 cases of the year

A fillip for the EU pharmaceutical sector

Relief for trade mark owners in red sole saga

Australian TV streaming service held to be illegal

Smartphone war hits front page in the US

Liberalising the EU’s software market

India allows parallel imports

Victory for fair dealing in Canada

Lacoste loses its trade mark in China

Google prevails in Android attack

EU test case clarifies class headings

Ten you might have missed

Canada: Ambiguous claims can invalidate patents

Russia: Certainty on parallel imports

Italy: TV formats win copyright for the first time

First FRAND cases litigated worldwide

Monsanto loses in Brazil

Data exclusivity backed by Mexican courts

China: A shift over OEM manufacturing

Authors in the US able to reclaim joint copyrights

Germany: Knitted trainers a sign of the future

India: Financial Times loses trade mark

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