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08 june 2023

Parallel import - further steps towards legalization

Legalization of the parallel import has been provided for by the Law on Limitation of Exclusive Rights to Intellectual Property Objects dated 03.01.2023 No. 241-Зthat entered into force on 17.01.2023.

Pursuant to the Law, import and circulation of goods containing intellectual property is allowed without the consent (permission) of rightsholders from foreign states, including those states that commit unfriendly actions against Belarus. This provision applies if the goods are included in one of the lists of goods that are essential for the domestic market of Belarus.

Resolution of the Council of Ministers of the Republic of Belarus dated June 3, 2023 No. 365 has determined the procedure for the formation of such lists of goods.

Thus, proposals for the formation of the lists are to be submitted by sectoral republican government bodies and other organizations subordinate to the Government of the Republic of Belarus, to the Ministry of Antimonopoly Regulation and Trade (MART), which, in turn, submits them to the Ministry of Economy for consideration by the Commission on Industrial Policy.

Based on the decisions of the Commission on Industrial Policy, MART generates lists of goods, places them on its official website and provides information to the State Customs Committee.

When compiling the lists, information about the absence or insufficiency of interchangeable (similar) goods produced on the territory of Belarus, or the impossibility of using an interchangeable (similar) product in the relevant sector is to be taken into account.

The volumes and dynamics of imports of goods in absolute and relative terms to the total volume of production or consumption of such goods in Belarus are also considered.

Proposals for the listing of goods (and presumably the lists themselves once approved) must include:

  • name and code of the product in accordance with the Unified Trade Nomenclature for Foreign Economic Activity of the Eurasian Economic Union (at least the first four characters),

and may also contain (if available in the online databases of NCIS and WIPO):

  • trademark/geographical indication and their registration numbers;
  • information about the owner of the trademark/geographical indication.