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Trade Mark Basics/FAQs
 
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Parallel Imports

Sometimes traders import or export goods of a particular brand or affixed with a particular trade mark to a market which is outside the contractual distribution channel. Such acts are done without the licence of the trade mark owner. The reasons for this could be many, including the non-availability of a particular line of goods in the local market, or the difference in price, composition or constitution of goods available in another market.

Such parallel imports are not in the strict sense a misrepresentation as to the origin of the goods as such goods are original goods manufactured or licensed for manufacture by the owner of the relevant trade mark.

There is no one or consistent approach taken by most jurisdictions on the issue of parallel importation. While some jurisdictions may consider parallel importation of goods to be an unfair trade practice, and some other jurisdictions having legislation regulating such activities, it is generally the case that parallel importation is not generally considered acts of trade mark infringement or passing-off.

 


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