Recently one of our clients brought up an interesting issue that I have previously not had an opportunity to review in detail, namely parallel import.
Parallel import refers to the import and sale of non-counterfeit (gray) goods without the right holder’s consent. In this case goods have been manufactured by or under the license of the right holder and therefore by all means are not counterfeit, but they are imported into a non-intended market, which is contrary to the intentions and interests of a right holder.
The issue of parallel import is tackled differently worldwide, in some countries its legal by law or absence of thereof, while in others it’s illegal by law or other act countries tackle this issue differently, so, let’s have a look how this issue is addressed in Tajikistan.
Laws and practice
The laws of Tajikistan do not currently define or govern parallel import, so it’s neither prohibited nor restricted, at least at the legislative level. The laws currently only forbid the import of counterfeit goods, which, in practice can be utilized to prevent parallel import. The option of combating parallel import while applying provisions meant for the counterfeit goods comes directly from the customs authorities, which gives it credibility and enforceability. More on this below.
Author: Bahodur Nurov, Associate of GRATA International Tajikistan.