Russia Parallel Import Is Legal. Counterfeits Are Not. How Pharma Right Holders Use TROIS in 2026
In the spring of 2022, the Russian government legalized parallel imports. Many companies took this as a signal to relax: goods would enter the country one way or another. Manufacturers of branded medicines and medical devices reacted differently. They grew worried. Because under the cover of that same mechanism, a flood of counterfeit products entered the market.
By mid-2026, the Federal Customs Service (FCS) suppresses the circulation of tens of millions of units of illegal products annually. Part of that flow is pharmaceuticals and medical technology. For the right holder, this is not only a reputational blow but a direct financial hit: a counterfeit drug sold under their brand performs poorly, negative reviews erode trust, and regulators ask uncomfortable questions.
The Customs Register of Intellectual Property Objects (TROIS) remains the primary tool for combating counterfeits at the border. In pharma, it has its own specifics that general brand-protection guides rarely address.
How TROIS Operated Before 2022
Prior to March 2022, the system was straightforward. The right holder registered their trademark in TROIS, and any import without their permission was automatically deemed an infringement. Customs suspended the release of the goods, the right holder was notified, and court proceedings and confiscation followed.
At the core of the mechanism was the national exhaustion of rights principle: the trademark right was considered exhausted only after the first sale of goods within Russian territory. A genuine drug purchased in Germany and imported without the Russian right holder’s consent infringed the exclusive right. This applied even to completely authentic goods.
Pharmaceutical companies actively used this tool. By 2021, thousands of objects had been entered into TROIS, including hundreds of pharmaceutical and medical brands. The mechanism served as a barrier against illegal supplies, re-export through third countries, and outright counterfeits.
Legal framework: Chapter 52 of the Customs Code of the Eurasian Economic Union (EAEU TC). Article 124 of the EAEU TC grants customs the authority to suspend the release of goods for 10 working days upon suspicion of an intellectual property (IP) rights infringement. The period can be extended by a further 10 working days upon a reasoned request from the right holder.
What Changed with the Legalization of Parallel Imports
Government Decree No. 506 of March 29, 2022 (hereinafter Decree No. 506) introduced a permissive parallel import regime for goods included on a list approved by the Ministry of Industry and Trade. Federal Law No. 213-FZ of June 28, 2022 cemented this in statute by adding a provision to Article 18 of Federal Law No. 46-FZ of March 8, 2022: importing goods from the list does not constitute an infringement of exclusive rights, and participants in such imports are released from civil, administrative, and criminal liability.
The logic was clear: sanctions had collapsed official supply channels. The state permitted importing original goods without the right holder’s consent to keep shelves stocked. The initial list was extremely broad. Then a gradual cleanup began: the Ministry of Industry and Trade regularly revises the list, removing positions where domestic production has been established or official supplies have resumed.
The current list was approved by Ministry of Industry and Trade Order No. 2701 of July 21, 2023, with numerous subsequent amendments. As of May 2026, it contains approximately 1,847 commodity positions classified by HS codes. The ministry plans to reduce the list by 25–30% by the end of 2026.
Here is exactly what changed for the right holder:
| Parameter | Before 2022 | After 2022 |
|---|---|---|
| Exhaustion of rights principle (for listed goods) | National | International |
| Importing originals without authorization | Infringement | Permitted |
| Importing counterfeits | Infringement | Infringement (unchanged) |
| TROIS as grounds for suspending release | Any unauthorized import | Only upon signs of counterfeiting |
| Right holder’s role | Passive (automatic blocking) | Active (must prove counterfeit nature) |
Inclusion in TROIS no longer blocks the parallel import of original goods from the list. It still protects against counterfeits, but the right holder must now actively prove to customs that a detained shipment is fake.
Why Pharma Holds a Special Position
For most industries, TROIS remains the sole customs tool for brand protection. In pharmaceuticals and medical device (MD) manufacturing, multiple layers operate simultaneously, with TROIS serving only as the first.
Labeling as the second barrier. Since 2020, item-level labeling of medicines has been mandatory in Russia through the Chestny Znak («Честный знак») system — the Drug Circulation Monitoring System (MDLP). Every package carries a unique Data Matrix code linked to the production batch. A counterfeit drug either lacks this code entirely or bears a fake or duplicated one. The system identifies this automatically when an attempt is made to introduce the product into circulation. For medical devices, mandatory labeling is being phased in during 2025–2026.
Even if a counterfeit passes customs, it will not enter pharmacy or distribution networks: the system will throw an error when the code is scanned. TROIS catches counterfeits at the border, labeling blocks them inside the country. Two barriers are better than one.
Registration Certificate (RC). A drug cannot be legally sold without a valid registration certificate. A counterfeit drug with a fake brand either has no RC at all or attempts to use the RC of the genuine drug. Both scenarios are detected during customs control and verification against the Ministry of Health registry.
Technical Regulation TR EAEU 025/2011 for medical devices requires a conformity assessment and EAC marking. Counterfeit products generally do not undergo this procedure — another point where illegal goods become visible.
How Protection via TROIS Works Today
Entering a trademark into TROIS is free of charge. No state fee is levied either in the national Russian register (Article 115 of Federal Law No. 289-FZ of August 3, 2018 «On Customs Regulation») or in the Unified Customs Register of the EAEU (ETROIS, Article 385 of the EAEU TC).
Once registered, the trademark is integrated into the FCS Unified Automated Information System and becomes a risk profile in the Risk Management System (RMS). When a declarant submits a customs declaration with an HS code and product name matching a TROIS entry, the inspector receives an instruction to suspend release. Since 2025, the FCS has required the mandatory indication of trademark codes from the Rospatent register in declarations, which significantly strengthened automated detection of suspicious shipments.
Once a suspension occurs, a tight countdown begins. Day 0: release is suspended. Day 1: the declarant and the right holder’s representative are notified. From Day 1 through Day 10, the right holder must either confirm the shipment is counterfeit or agree to its release. Silence or confirmation of authenticity means the goods go through.
For a pharmaceutical right holder, 10 working days is a very short window. In practice, the notification arrives at the end of Day 1, leaving just 8 to 9 working days. A dedicated representative with decision-making authority and pre-prepared response templates is essential.
For the register to function as an effective anti-counterfeiting tool, the right holder must supply the FCS with a detailed description of the genuine product’s characteristics. A customs inspector is neither a pharmacist nor an expert on a specific brand. If the application simply states «such-and-such trademark,» they will not be able to distinguish the original from a fake without a thorough description.
For pharmaceutical products, this description should include:
Method of applying labeling (laser engraving, embossing, printing, hologram)
Packaging composition and appearance: color, cardboard density, foil texture
Data Matrix code parameters: structure, size, placement on the packaging
Characteristics of the enclosed leaflet: paper quality, font, presence of watermarks
Specific features of the vial, ampoule, or blister: shape, material, embossing
Parallel Imports and Counterfeits. Where the Line Is Drawn
After 2022, declarants mastered a simple tactic: citing parallel imports even when importing outright fakes. The Intellectual Property Court (IPC) settled this in the Promgrupp case (ruling on case No. S01-533/2022).
The court’s position was clear: the legalization of parallel imports applies exclusively to original goods manufactured by the right holder or with their consent. Counterfeit goods do not fall under the protection of Decree No. 506 under any circumstances.
In practical terms, this means an importer must prove the «chain of originality» — confirming that the goods were manufactured at the right holder’s facility and legally placed into circulation in a third country. Invoices, manufacturer certificates, and batch codes from the manufacturer’s database all constitute proof of authenticity. Without them, a reference to parallel imports carries no legal weight.
For a pharmaceutical right holder, this is an actionable tool: if a shipment is detained as a potential counterfeit, request the full documentation from the declarant. The absence of a documented chain from the factory to the Russian border is a strong argument for initiating proceedings under Article 14.10 of the Code of Administrative Offences.
Action Plan
1. Check whether your trademark is registered in TROIS. The register is public and available on the FCS website. If the brand is absent, any suspicious shipment will pass without notification. Submit an application to the Department of Trade Restrictions of the Federal Customs Service of Russia. Review takes up to 1 month, or up to 2 months if additional documents are requested.
2. Prepare a detailed description of the genuine product’s characteristics. Photograph the packaging from all sides in high resolution. Compile a comparison table of differences between the original and known counterfeits (if any have been encountered). Describe the Data Matrix codes and their structure. The more precise the description, the greater the chance an inspector will stop a counterfeit while a legitimate parallel importer passes without delay.
3. Take out liability insurance toward the declarant. Without a liability insurance agreement (Article 390 of the EAEU TC), the FCS will not add the trademark to the register. The minimum insured amount is 500,000 rubles. The policy protects bona fide importers from losses caused by unjustified cargo delays.
4. Appoint a responsible person with authority to respond within 24 hours. You have 10 working days from the moment of notification — in practice, less. If a lawyer or patent attorney operates on a «we’ll reply next week» schedule, TROIS will prove useless.
5. Monitor the Ministry of Industry and Trade list. Your brand may appear on the parallel import list, which would change how TROIS operates for you. The current version of Order No. 2701 is published at regulation.gov.ru. Check the list twice before finalizing a large shipment: before payment and before submitting the declaration.
6. Verify integration with the Chestny Znak system. Ensure that the serial codes of your medicines are properly registered in the MDLP. Any attempt to introduce a batch with fake or duplicate codes into circulation must generate an alert in the system. This is the second line of defense, and in pharma it works effectively.
A right holder who implements all six steps establishes two barriers: counterfeits are caught at the border via TROIS, and any that slip through are blocked in distribution via labeling. In most product categories, no such second tier exists at all — pharma holds a clear advantage here.
Regulatory Framework:
1. Ruling of the Intellectual Property Court on case No. S01-533/2022 (Promgrupp)
2. Customs Code of the EAEU, Chapter 52 «Measures for the Protection of Rights to Intellectual Property Objects»
3. Federal Law No. 289-FZ of August 3, 2018 «On Customs Regulation in the Russian Federation»
4. Government Decree No. 506 of March 29, 2022 «On the Introduction of a Temporary Permissive Procedure…»
5. Federal Law No. 46-FZ of March 8, 2022 «On Amending Certain Legislative Acts of the Russian Federation,» Article 18 (as amended by Federal Law No. 213-FZ of June 28, 2022)
6. Federal Law No. 213-FZ of June 28, 2022 «On Amending Article 18 of the Federal Law ‘On Amending Certain Legislative Acts of the Russian Federation’» (exemption from liability for importing goods from the Ministry of Industry and Trade list)
7. Ministry of Industry and Trade Order No. 2701 of July 21, 2023 «On the Approval of the List of Goods…» (ed. 2025–2026)
8. Civil Code of the Russian Federation, Part IV, Article 1487 (exhaustion of rights), Article 1515 (liability for infringement)
9. Code of Administrative Offences of the Russian Federation, Article 14.10 (illegal use of a trademark)
10. Criminal Code of the Russian Federation, Article 180 (illegal use of means of individualization)