|PDF:||Author(s):||Korobeinikova T. S., Zhukova I. V.,|
|Number of journal:||4(61)||Date:||November 2022|
The article discusses the legal issues of the principle of exhaustion of the exclusive right and the grounds for changing the conditions for the implementation of this principle. An exclusive right is a kind of corridor within which the copyright holder of a particular result of intellectual activity has the right to use this result independently or dispose of such a right in any other legal way. There are a number of restrictions regarding the implementation of this exclusive right rule. One of such restrictions is the need to ensure the completeness of ownership rights in respect of intellectual property, in which case this restriction is associated with the exhaustion of the right. In the article, the authors give different points of view on the interpretation of the concept of parallel import and also draw conclusions about how such concepts as the principle of exhaustion of law and parallel import (parallel trade) are related to each other. As a result of the analysis of changes in Russian legislation regarding the regulation of parallel imports, it was found that the principle of exhaustion of law in Russia changed quite often. The authors conclude that the federal law No. 213-FZ of June 2, 2022, which has entered into force, is significant. The adoption of such a law became necessary in connection with the need to ensure the completeness of the right of ownership of intellectual property due to the imposition of economic sanctions on the Russian Federation, its citizens and legal entities and the need to establish rules for the import of goods into Russia in parallel import mode. The application of this law will allow entrepreneurs who sell parallel imports to avoid administrative and civil liability after importing goods without the copyright holder’s authorization. And, nevertheless, the legal measures taken are not enough for its implementation to be carried out as effectively as the prevailing economic conditions require. The authors offer their vision of the principle of exhaustion of law
Parallel import, parallel trade, the principle of exhaustion of law, the doctrine of exhaustion of law, protected results of intellectual activity, retorsion, exclusive rights, patent holder, means of individualization
Zhukova I.V., Tatiana S. K. The principle of exhaustion of exclusive rights and regulation of parallel imports in Russia. Business. Education. Law, 2022, no. 4, pp. 76—81. DOI: 10.25683/VOLBI.2022.61.428.