Customs pact affects trade marks in Russia, Belarus and Kazakhstan
The IP@CIS Bulletin from CIS-based law firm Magisters contains an interesting feature entitled "Rights to Trademarks in the Customs Union: New Principle of Exhaustion", penned by Dennis Turovets, Managing Partner (Minsk) and Darya Firsava, an Associate in the same office. Among other things, this articles states as follows:
"In December 2010 Russia, Belarus and Kazakhstan signed the Agreement on Unified Principles of Regulation in the Spheres of Intellectual Property Rights Protection. Like 16 other agreements for formation of the Customs Union the Agreement provides for conditions encouraging free movement of goods within the Unifi ed Economic Area. By the time of the Agreement’s entering into force on January 1, 2012 the parties shall have their national legislation brought into compliance with the Agreement. 

Article 13 of the Agreement says: 
“using a trademark in respect of goods legally released into commercial circulation within the territories of the Parties directly by the right holder or by other persons upon its consent does not constitute a violation of the exclusive rights to the trademark”.  
The Agreement introduces the principle of regional exhaustion of rights under which the fi rst sale of the goods marked with a protected trademark by its owner or with his consent exhausts any rights to the trademark over these given goods not only domestically, but within the whole region, and parallel imports within the region can no longer be opposed based on the rights to trademarks. Th is principle of exhaustion has already been considerably developed by the European Union the experience of which may be important for the Unifi ed Economic Area."
Posted by: Blog Administrator @ 10.02
Tags: exhaustion,
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