THE RIGHT-HOLDERS DO NOT ALWAYS PROVIDE AN ALTERNATIVE FOR CONSUMERS

Deputy Head of FAS Department for Control over Advertising and Unfair Competition, Yana Sklyarova, reported about it at the “IP Academy” Educational Conference on Intellectual Property.

In her opinion, the legal norms on parallel import do not set absolute bans but presume a dialogue between the right-holders and persons that use their goods.

“All FAS initiatives appear as a reaction to discomfort on the market. First we see that there is a need in developing the mechanisms of access to the goods marked with brands of foreign right-holders provided that they can control authenticity of the imported batches. At the same time, a lot of concerns of the right-holders related to legalizing parallel import and its impact upon counterfeit dissemination are not justified”, explained Yana Sklyarova.

She also pointed out that FAS initiatives do not presume intervention in cases concerning intellectual property, but concern only economic issues.

Parallel import is aimed at countering price, quality and assortment discrimination form the right-holders, as well remove additional restrictions for operation of small and medium business.

Deputy Head of FAS Department for Control over Advertising and Unfair Competition stated: “A need in parallel import permits emerges because the right-holders do not always provide an alternative for consumers”.

The report was made at the discussion on “Brand right protection. Counterfeit and parallel import” during the “IP Academy” Conference.