Legality Of Parallel Imports Vis-À-Vis Indian Jurisprudence

Bhavya Johari, NALSAR University of Law, Hyderabad

Introduction

Time and again in cases involving parallel imports in India, the Courts have always clarified the question of whether Indian trademark law adopts the doctrine of international exhaustion or national exhaustion of rights in the light of the provisions of Section 291 (infringement of trademarks) and Section 302 (limits on effect of registered trademark) of the Trademarks Act, 1999 (the ‘Act’). International exhaustion means that once the owner of a trademark legally sells her goods, she loses the right over those goods throughout the world, due to which the ‘market’ means the international market.

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Indian Journal of Law and Legal Research

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