Customs Union between Russia, Belarus and Kazakhstan

At the end of last year Russia, Belarus and Kazakhstan signed an Agreement refer to uniform principles of regulation concerning the protection of intellectual property. This agreement is part of the so-called Customs Union between these three countries which by analogy with the European Union allows free movement of goods in member states.
The Agreement will enter into force on January 1, 2012.
According to Article 13 thereof, the use of a mark for goods lawfully realized by the proprietor or other person with his consent in the territory of either Party shall not constitute an infringement of that mark.
In short, this article introduces the so-called principle of regional exhaustion of trademark rights as for example the situation of the Community trade mark is.
Actually thereby parallel imports of goods by one mark in member countries, namely Russia, Belarus and Kazakhstan will no longer be prohibited on grounds of trademark rights.

 

INTELLECTUAL PROPERTY PLANET

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