EXHAUSTION OF TRADEMARK RIGHTS IN THE EAEU: THE NEED TO TRANSITION TO AN INTERNATIONAL PRINCIPLE

Abstract

This study analyzes the trademark exhaustion regime within the Eurasian Economic Union (EAEU) and the need to transition to an international principle aimed at achieving a balance between the protection of intellectual property rights and market needs. Currently, the EAEU operates under a regional exhaustion regime that ensures the free movement of goods between member states but restricts imports from third countries without the consent of the rights holder. Although such a regime promotes domestic competition, it creates difficulties in ensuring the availability of goods to consumers, especially in the context of sanctions pressure on key EAEU members such as Russia and Belarus.

Transitioning to an international exhaustion principle, under which goods introduced to the market in any country can move freely within EAEU countries, could reduce prices, improve access to goods – including pharmaceuticals – and enhance the competitiveness of regional markets. The study employs normative and comparative legal methods, allowing for an analysis of the practices of EAEU member states and international experience, with special emphasis on the practices of the European Union. Additionally, this study relies on the analysis of secondary sources extracted from primary, secondary, and tertiary legal materials.

The findings highlight that, to ensure product quality and safety within the EAEU, additional regulatory mechanisms based on successful examples from the European Union need to be developed to achieve a balance between the protection of intellectual property rights and the economic flexibility of the member states.