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.