The Russian Government adopted Decree No. 506 (the “Decree”) on 29 March 2022, which allows the import of certain high-demand authentic foreign goods into Russia without the consent of the IP rights holders.

Articles 1359(6) and 1487 of the Russian Civil Code will not apply to such goods. According to these Articles, foreign goods are not considered counterfeit only if they were introduced into the stream of commerce in the Russian Federation by the IP rights holder or with the IP rights holder’s consent (this is known as the national exhaustion regime). Now, for select goods it will be sufficient that the IP rights holder authorized their sale abroad, regardless of whether it has consented to their subsequent importation into Russia (this is known as the international exhaustion regime).

The main aim of the Decree is to ensure the domestic availability of high-demand goods despite the foreign sanctions against Russia. The Russian Ministry of Industry and Trade will approve the special list of such goods on the basis of proposals of the federal agencies.

The Russian Government has also announced that all customs and import сontrol procedures will be carried out as usual in respect of such specifically designated goods. Additionally, according to the official position, such goods will be subject to warranty maintenance.