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Russia has reduced the list of parallel imports. Answers to the main questions

The new list of parallel imports from the Ministry of Industry and Trade has entered into force
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Photo: IZVESTIA/Eduard Kornienko
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The Ministry of Industry and Trade has reduced the list of goods that are subject to parallel imports. Manufacturers of computer equipment and electronics were deleted from it. The list determines which goods can be imported into Russia without the consent of the manufacturer. This import mechanism has been in effect since March 2022. What you need to know about the work of parallel import in the Russian Federation is in the Izvestia article.

What is parallel import?

• Parallel import refers to the import of goods into the territory of a country without official permission from the trademark holder for its products and subsequent sale by various companies. In this way, it differs from official import, when the copyright holder authorizes a certain distributor to distribute their products in a specific territory, prohibiting an unlimited number of sellers from doing so.

• The "parallelism" of imports is determined by the extent to which the principle of exhaustion of exclusive rights applies to them, that is, at what point the copyright holder still controls the distribution of his products, and when he can no longer resist their free sale. The international exhaustion regime implies that the distribution of goods is allowed after its first sale anywhere in the world, and with the national sale of products occurs only in this country. The World Trade Organization allows its members to determine for themselves which principle of exhaustion of rights should be followed.

• Thus, the United States actually legalized parallel imports and established the international principle of exhaustion, allowing the resale of original goods, albeit with some reservations regarding the quality of imported products. The European Union has a national principle, but it applies to all countries of the union, along with Norway, Iceland and Liechtenstein — products imported into one country can be sold throughout the region.

How does parallel import in Russia work?

• Since 2002, Russia has adopted a national principle, meaning that no one except the trademark owner can distribute goods on the territory of the country. This rule is enshrined in the Civil Code, and civil liability is imposed for its violation (and administrative liability was in effect until 2009).

• However, in 2022, Russia faced both the imposition of sanctions prohibiting the supply of certain goods, and a boycott of manufacturers who suspended their activities and stopped importing their products themselves. In this regard, the Government of the Russian Federation adopted a resolution that effectively legalized parallel imports in respect of certain groups of goods. The original principle of exhaustion of rights has been preserved, and copyright holders are still protected by it, but it is limited by the commodity list of the Ministry of Industry and Trade, which began to be formed in April 2022.

• Parallel imports in Russia are not a way to legalize counterfeit shipments. Goods imported into the country must still be original, have the appropriate documents and proof of legal sale on a foreign market. However, if the product is included in the list of the Ministry of Industry and Trade, then after importation into the country it can be sold by any sellers, not just the official distributor. This makes it possible to compensate for the deficit caused by sanctions and the boycott, although it leaves customers without proper service and warranty service, which now falls on the shoulders of the seller.

What is included in the list of the Ministry of Industry and Trade?

• The Ministry of Industry and Trade's list consists of three product groups. The first group includes all products listed under the code of the commodity nomenclature of foreign economic activity (HS). The second group includes products with a specific code and an indication of specific brands for which import is allowed. The third group includes products with the HS code and the listed brands, which are exceptions, and which retain the right of exclusive distribution in Russia.

• The first version of the list includes about 50 groups of products from 200 foreign brands. It mainly includes cars and their spare parts, smartphones, computers and household appliances, and industrial equipment for various industries. Soon after the publication, the first products began to appear in Russian stores. Over time, the list expanded to include brands of clothing, perfumes, alcoholic beverages, and other categories.

• At the same time, the list was also reduced if manufacturers agreed to resume official supplies to Russia. This happened, for example, with some cosmetic brands as early as November 2022. In general, changes to the list are made every few months. The Ministry of Industry and Trade also excludes goods from parallel imports if localized production has been established in Russia or there are enough similar products available to meet the demand of the population. For this reason, in May 2026, products from computer manufacturers Acer, Asus, Fujitsu, HP, IBM, Intel, Samsung, Toshiba, as well as Braun electric shavers, Biorepair toothpastes, printing equipment and Ricoh ink were removed. The ministry said their exclusion would not affect the range of similar products in Russia.

Переведено сервисом «Яндекс Переводчик»

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