The Russian Parliament has adopted a draft law that allows the executive branch to exempt certain goods from intellectual property rights protection.

The draft law gives the Government authority to temporarily annul the rules on protection of intellectual property rights in relation to goods or groups of goods specified in the relevant act of the Government or authorized agency.

We believe that the measure is likely to apply to certain essential goods, medicines and medical products, foods, agricultural seeds, technological items and other goods that could be produced in Russia under import-substitution programs, primarily in the absence or insufficiency of such goods to meet the needs of Russian users and businesses.

The adoption of the draft law could significantly affect law enforcement practice and the possibility of protecting exclusive rights in Russia but as of today it is difficult to evaluate all the consequences of such a Government decision in terms of international law and the protection of investors’ interests or to predict the specific goods that might be affected.


Denis Khabarov is a partner in the Moscow office of Baker McKenzie and the head of the IP Tech Practice Group of Baker McKenzie in Russia and CIS. For many years, Denis was a member of the Firm's EMEA IP Practice Group Steering Committee. Since 2012, Denis Khabarov is the chairman of the working group on parallel imports of the Association of European Businesses in Moscow. Denis is a member of the International Trademark Association (INTA), actively involved in the work of INTA subcommittees and project groups. Since 2013 Denis was acting as a member of the Parallel Imports Committee of the INTA. Since 2015 Denis is a member of the working group on parallel imports of the Eurasian Economic Commission, a governing body of the Eurasian Economic Union.


Margarita Divina is a partner in the Moscow office of Baker McKenzie. She focuses on intellectual property, including general IP advice and franchising, and heads transactional IP team of the Moscow office’s intellectual property group. Prior to joining the Firm in 2003, Ms. Divina worked at a major Russian intellectual property law firm.