Article: Whether Parallel Import Of Goods Is Permitted Under The Trade Marks Act, 1999? - ALG India Law Offices LLP (2024)

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Article: Whether Parallel Import Of Goods Is Permitted Under The Trade Marks Act, 1999? - ALG India Law Offices LLP (2024)

FAQs

Are parallel imports allowed in India? ›

Section 30 (3) says that once a person lawfully acquires a product and deals with that product by selling etc., it is not illegal. Thus, this makes it clear that the act of parallel-ly importing genuine goods, once purchased and reselling them is not an infringement and also legal.

Is parallel import legal in the USA? ›

In the United States, courts have established that parallel importation is legal. In the case of Kirtsaeng v. John Wiley & Sons, Inc., the US Supreme Court held that the first-sale doctrine applies to copies of a copyrighted work lawfully made abroad, thus permitting importation and resale of many product categories.

What is an example of a parallel import? ›

A parallel import is the sale of a product outside of its brand's authorised distribution channels. As an example, Adidas may release a particular line of trainers for sale and distribution strictly within the EU.

What is parallel importation in law? ›

Parallel imports (or gray market goods) refer to branded goods that are imported into a market and sold there without the trademark owner's consent in that market.

Is parallel import illegal? ›

Is parallel importing legal? Well, yes, but not always. Parallel imports are branded goods legally manufactured by or under license of the brand owner. Therefore, parallel imports are genuine goods protected by intellectual property rights, such as patents, copyrights, or trademarks.

What is parallel import prohibition? ›

Do you wish to import and sell products from a licensed brand outside the EEA (EU-member states plus Norway, Iceland, and Liechtenstein)? You need permission from the license holder. Imports without this permission are referred to as 'parallel imports', which are banned.

How do I stop parallel imports? ›

Suppliers can also seek to influence the buy-side of parallel imports by incentivising customers to shop through the Supplier's authorised distribution channels instead. This aims to deter customers from buying parallel imports, so reducing demand for such imports.

What is the difference between Authorised dealer and parallel importer? ›

Parallel Importer vs Authorised Dealers

Authorised distributors are businesses that have exclusive distribution rights for a particular car brand, directly from the manufacturer. Parallel car importers, on the other hand, purchase from local distributors in other countries (e.g Japan) and import them to Singapore.

What is the difference between counterfeit and parallel import? ›

The main differences between parallel imported goods and counterfeit products are the nature of the goods and who they're coming from. Parallel imported goods are genuine product and they're brought in by individuals or businesses from overseas authorised sellers.

What are the advantages of parallel importing? ›

Lower Prices: Parallel imports often provide consumers with access to branded products at lower prices, making them more affordable to a broader audience. Greater Product Availability: Consumers can access products that might not have been officially launched in their local market, thereby widening their choices.

What does genuine parallel import mean? ›

Parallel imports are ​genuine products, but the seller isn't an authorised dealer of that brand.

What is an example of a parallel trade? ›

Price reductions for consumers

Parallel traders purchase pharmaceutical products from manufacturers in low-cost countries and sell them to pharmacists in countries that offer higher margins. Pharmacists sell those parallel imported drugs to end-consumers, who are then fully or partly reimbursed by health insurance.

Is parallel import legal in India? ›

Given the above, if a patented product is first sold by the patentee or authorized person, parallel import is allowed by the third party, provided that the import is from a person duly authorized under the law i.e., the importer need not ensure that the sellers from whom they buy the product are authorized by the ...

What is the theory of parallel import? ›

Parallel import means that patented or marked goods are purchased in a foreign market and resold in the domestic market. These are known as passive parallel imports. Instead, active parallel imports occur when foreign licensees enter the market in competition with the holder of the patent or of the trade mark1.

What is the warranty on parallel import? ›

Parallel Imported will fulfill all of our obligations under the Consumer Guarantees Act 1993. All products sold carry a 1 year New Zealand warranty, excluding accessories (batteries, screen protectors etc.) which carry three months warranty. Please refer to your receipt for full terms and conditions.

What are the rules of import in India? ›

Import procedures
  • Obtain e-IEC. ...
  • Ensure legal compliance under different trade laws. ...
  • Procure import licenses. ...
  • File Bill of Entry and other documents to complete customs clearing formalities. ...
  • Determine import duty rate for clearance of goods.
Feb 26, 2024

What is banned in India for import? ›

Import of Wild Animals (including their parts and products) as defined in the Wild Life (Protection) Act, 1972 is prohibited. 29. 0106 31 00 Birds of prey Restricted Import of Wild Animals (including their parts and products) as defined in the Wild Life (Protection) Act, 1972 is prohibited.

Is it legal to import used cars in India? ›

Conditions to abide by for importing used cars

The used car's manufacturing year must not be more than three years. It should be loaned, leased, registered, or sold. It must have a right-hand drive. Its headlights must be suitable for illuminating the left side of the road.

Is importing second-hand machine allowed in India? ›

(a) All imports of second hand machinery/used capital goods shall be ordinarily accompanied by an inspection/appraisem*nt report issued by an overseas Chartered Engineer or equivalent, prepared upon examination of the goods at the place of sale.

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