15:27 16.06.2017

EBA backs introduction of national exhaustion of trademark rights principle

2 min read

The European Business Association (EBA) backs the introduction of the national exhaustion of trademark rights principle outlined in bill No. 5419, the association has said in a press release.

"The absence of the clear interpretation of exhaustion of trademark rights in Ukrainian legislation results in the application of the international principle in practice and the impossibility of proving smuggling," the EBA said.

The association said that the introduction of the national principle proposed in the bill would help to fight counterfeit goods and improve investment attractiveness. The principle means in practice the receiving of a permit from trademark owners to import and sell goods in Ukraine which sales were started on the territory of other states.

The EBA believes that the introduction of the national principle would help to develop fair competition and could result in the reduction of the cost of officially imported goods.

The international exhaustion of trademark rights principle applied in practice now results in the fact that manufacturers cannot develop their own chains and control the quality of goods due to saturation on the market. Consumers have a risk of facing poor quality goods bought online, and the state fails to receive taxes to the budget from sales of officially imported goods.

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