Parallel Imports in Uzbekistan: Court Confirms Application of National Exhaustion Doctrine

The LEGATE team successfully represented one of the world's leading consumer goods manufacturers in a trademark enforcement dispute concerning parallel imports into Uzbekistan.

The dispute arose from the importation and sale in the Republic of Uzbekistan of products bearing the client's trademark by a local company that held no authorisation to import the products and had not obtained the trademark owner's consent to import and distribute them.

During the proceedings, the court requested clarification from the competent state authority responsible for intellectual property matters. However, the authority did not express a definitive position on the trademark exhaustion regime applicable in Uzbekistan, instead recommending that additional enquiries be made.

Notwithstanding the absence of a clear position from the competent authority, the court adopted a reasoned legal approach and concluded that the importation of genuine goods without the trademark owner's consent constituted an infringement of the owner's exclusive trademark rights. The court further confirmed that Uzbekistan applies the national exhaustion doctrine, under which trademark rights are exhausted only in respect of goods first placed on the market within the Republic of Uzbekistan by, or with the consent of, the trademark owner.

The court granted the claimant's claims in full and:

· found that the defendant had infringed the claimant's exclusive trademark rights;
· prohibited any further importation and sale of the relevant products;
· ordered the withdrawal from circulation and destruction of the infringing goods; and
· awarded legal costs in favour of the claimant.

The defendant appealed the judgment. However, the appellate court upheld the first-instance decision in full, and the judgment has now become final and binding.

This case illustrates that the courts of Uzbekistan continue to apply the national exhaustion doctrine in trademark matters and confirms that effective judicial protection remains available against unauthorised parallel imports.

For international brand owners and multinational businesses, the decision provides valuable practical guidance, confirming that trademark rights can be effectively enforced before the courts of Uzbekistan where supported by a well-prepared evidentiary record and a carefully developed legal strategy.