THE PRACTICE OF “PARALLEL IMPORT” UNDER CUSTOMS CONTROL OF INTELLECTUAL PROPERTY OBJECTS

Abstract

In this article, along with various scientific definitions of the phenomenon of “parallel import” observed in the customs control of intellectual property objects, its importance in international trade, its impact on the state’s economic situation, the expansion of purchasing opportunities of the population, and the issues of parallel import in the case of intellectual property objects are discussed. Questions about whether it will affect the legal protection of intellectual property objects or not are answered. In addition, the issues of its legal regulation in the national legislation and its place in the system of general intellectual property rights are discussed. The importance of the exhaustion regime of intellectual property rights, its reflection in international agreements, including the international documents on intellectual property and the provisions on “parallel import” contained in the TRIPS agreement within the framework of the WTO, the doctrines of the exhaustion of international, regional and national rights are reviewed. In addition, legal problems related to parallel import and the procedure for exhaustion in the Republic of Uzbekistan are highlighted through a case study. In the conclusion, comments are made on improving the customs legislation of the Republic of Uzbekistan and coordinating the practice of courts and customs authorities on parallel import.