Russia's Parallel Import Regime: What Brand Owners Need to Know

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Practice Analysis

Byline:
By Elizaveta Razina

May 2026

INSIGHTS ARTICLES — parallel import russia brand owners

Russia's legal treatment of parallel imports — the import of genuine goods bearing an original trademark through channels other than the brand owner's authorised distribution network — has changed significantly since 2022. The changes create specific risks for foreign brand owners with exclusive distribution arrangements in Russia and for their authorised Russian distributors. Understanding the current legal position is the necessary starting point for any enforcement strategy.

The Pre-2022 Position

Before 2022, Russia applied a national exhaustion principle for trademarks: a trademark owner's exclusive right was exhausted only when the goods were placed on the Russian market by the rights holder or with their consent. This meant that the import of genuine goods bearing the trademark through unauthorised channels — without the rights holder's consent to import specifically into Russia — was an infringement of the trademark right, and could be challenged before the customs authorities and the Russian courts.

This position allowed Russian exclusive distributors to enforce their exclusivity against parallel importers who were bringing the same goods into Russia from third markets at lower prices.

The 2022 Changes

In response to import restrictions arising from the regulatory environment changes of 2022, Russia substantially expanded the categories of goods that could be imported in parallel without the trademark owner's consent. By Government Decree No. 506 of 29 March 2022, an initial list of goods was designated as eligible for parallel import; this list has been updated and expanded. The expansion moves Russian law closer to an international exhaustion principle for designated goods categories — rights exhaustion upon any first sale anywhere in the world, regardless of the market.

For goods that fall within the designated parallel import categories, the brand owner and exclusive distributor cannot use trademark rights to prevent importation. The goods are genuine — they bear the original trademark — but their importation no longer constitutes infringement in Russia.

What Remains Enforceable

Not all goods are within the parallel import designation. For goods outside the designated categories, the pre-2022 position remains in force: the national exhaustion principle applies, and parallel imports without the brand owner's consent are infringements. Brand owners whose goods are not designated can still enforce against unauthorised parallel importers.

Even for goods within the parallel import designation, enforcement options remain for goods that are counterfeits (products that bear the trademark without authorisation and without being genuine), goods that infringe other IP rights (patents, registered designs), and goods that violate Russian technical and safety regulations.

Distribution Agreement Implications

For a foreign brand owner with an existing exclusive distribution agreement in Russia, the parallel import changes significantly affect the agreement's enforceability. Contractual exclusivity provisions — provisions under which the distributor has the exclusive right to import the brand's goods — cannot override the statutory parallel import permission. The distributor's remedy for a contractual breach by the brand owner (if the brand owner has effectively permitted third-party imports by designating goods for parallel import) is a contractual claim, not a trademark enforcement action.

The practical implication: exclusive distribution agreements in Russia for designated goods categories need to be reviewed to assess whether the exclusivity provisions remain meaningful, and to identify what contractual remedies — including repricing, volume guarantees, or termination — the distributor retains.

Strategy for Brand Owners

Brand owners with Russian market positions should: audit their goods against the current parallel import designation list; for designated goods, assess the competitive and commercial impact of parallel imports on their authorised distributor and retail pricing; for goods outside the designation, maintain TROIS customs registration to intercept infringing goods at the border; and review the terms of their Russian distribution agreements to understand the contractual position.

For brand owners considering re-entry into the Russian market or maintaining a Russian trademark portfolio despite reduced commercial activity, the parallel import changes are a material factor in the market analysis.