CIPR/INTA ROUNDTABLE ON PARALLEL IMPORTS AND TRADEMARK PROTECTIONS IN THE COMMON ECONOMIC ZONE OF THE CUSTOMS UNION – Moscow – December 1, 2011

The December 1, 2011 event was the second event on parallel imports and related subjects conducted under the aegis of INTA, CIPR and Hogan Lovells, the first of which was held on November 25, 2009 and entitled "Exhaustion of IP Rights Issues, Parallel Imports and Product Counterfeiting: Perspectives of Rights Holders, Regulators and Legal Practitioners".

The seminar was held at a critical juncture during the public discussion of what, if any, legal protections should be afforded to parallel imports. While the Customs Union member states, Russia, Kazakhstan and Belarus, have announced that the Customs Union will have a regional exhaustion of IP rights standard, similar to the European Union, to regulate parallel imports, the Russian government has publicly stated that it will revisit its policies on parallel imports after the presidential elections in March.

The goal of the seminar was to provide participants with a better understanding of trademark protection exposures under the Customs Union and potential legislative changes that would allow more favorable treatment of parallel imports in Russia, Kazakhstan and Belarus, as well as to offer practical trademark protection strategies for addressing these potential challenges.

More than 50 members of INTA, CIPR and Hogan Lovells clients attended the seminar, as did representatives of Russian state authorities.

Hogan Lovells (CIS) Partner and Head of Intellectual property, media and technology practice Natalia Gulyaeva and CIPR Russia Representative Alexey Brevnov spoke at the beginning of seminar, during which an introduction to INTA and CIPR was made and an overview of counterfeiting challenges and trends as well as global measures to fight the problem was presented.

The discussion was split in two sections, Panel I - Trademark Protection and Parallel Imports in the Common Economic Zone of the Customs Union: Possible Legislative Changes in Russia and Existing Laws and Practices in the EU and U.S., and Panel II - Trademark Enforcement in the Common Economic Zone of the Customs Union: Law and Practices in Russia, Kazakhstan and Belarus. Natalia Gulyaeva moderated both panels.

Colleagues from the U.S. and Kazakhstan, Philip Barengolts (Partner, Pattishall McAuliffe, U.S.) and Yuri Bolotov (Managing Partner, BMF Legal Group, LLP, Almaty) joined the seminar via video link to give their presentations on "Parallel Imports: the U.S. Perspective" in the first panel and "Customs Measures for Intellectual Property Protection in Kazakhstan" in the second panel.

Ewen Mitchell, Associate, Rouse, London, UK, spoke in the first panel on Parallel Trade in the EU. Anton Bankovsky, Counsel, Hogan Lovells, Russia provided an overview of Russian aspects of trademark protection by customs bodies of the Customs Union. Veronika Shipitsa, Legal Adviser and Darya Lando, Legal Adviser, Doctor of Law, LexPatent, reported on legal provisions and practical aspects of trademark protection in Belarus.

The seminar demonstrated the critical importance and timely relevance of topics discussed. In 2012 CIPR will continue to participate actively in the public discussion on parallel imports and advocate for strong legal protections against them.

Speaker presentations:

1. Parallel Imports: The U.S. Perspective, Phillip Barengolts View PDF
2. Parallel Trade in the EU, Ewen Mitchell View PDF
3. Trademark Protections Under State Customs Bodies of the Customs Union – The Russian Perspective, Anton Bankovsky View PDF
4. Customs Measures for the Protection of Intellectual Property in Kazakhstan, Yury Bolotov View PDF
5. Trademark Protections in the Republic of Belarus: Securing Rights and Practical Questions, Daria Lando and Veronica Shipitza View PDF