Interaction between parallel import and institutional gaps in the Eurasian Economic Union: challenges for a unified legal framework for trade marks

Abstract In the context of deepening integration within the Eurasian Economic Union (EAEU) and the instability of global supply chains, the effective protection of trade marks has become critically important. The partial legalisation of parallel imports in Russia and Belarus (since 2022), introduced in response to sanctions, has led to a de facto return to the international exhaustion regime. This contradicts the regional exhaustion principle enshrined in the Treaty on the Eurasian Economic Union (No 52764) (Astana, 29 May 2014, Annex 26, para 16) and exacerbates legal uncertainty, counterfeiting risks and infringements of intellectual property rights. This article identifies the key institutional barriers to trade mark protection in EAEU member states, including the failure to launch the Unified Customs Register of Intellectual Property Objects (UCRIPO), regulatory and technical inconsistencies among member states and systemic shortcomings in national frameworks (using Kazakhstan, Belarus and Kyrgyzstan as examples). Based on the analysis, the article argues for the development of a balanced model that combines the protection of exclusive rights with market interests. The key elements of such a model should include the launch of the UCRIPO, harmonization of suspension-of-release procedures, digitalization of enforcement mechanisms and centralized application submission by rights holders (drawing on the experience of the EU’s COPIS/EUIPO system). The implementation of these measures is essential for reducing legal risks, increasing investor confidence, fostering competition and ensuring the resilience of the EAEU’s single market.