Feb 22, 2018

Western Brand Owners Hit by Russian Constitutional Court Ruling in Parallel Import Case

ECG Paper

On February 13, 2018, the Constitutional Court of the Russian Federation issued a decision in favor of a Russian parallel importer, holding that the destruction of original medical devices imported without the trademark owner’s consent was an excessive remedy under the facts of the case, and authorizing the lower courts to consider the bad faith of a trademark holder in refusing to supply branded products in Russia at a reasonable price when considering the availability and scope of relief in a parallel import case. The parallel importer, in this case, PAG LLC, had a government contract to supply heat-sensitive paper… Read more