Parallel Importing And Intellectual Property Rights: Not All Is Black And White; A Peek Into The Grey Market
Neethika Manoj, The National University of Advanced Legal Studies
ABSTRACT
Parallel Importing is a major menace in the arena of intellectual property laws. Various legislatures around the globe are addressing this matter and trying to find a solution to the same. The problem that arises in the matters regarding Parallel Importing is that the goods themselves are bonafide, i.e., the goods in context are not counterfeited or improper in any manner. It is their channel of procurement that is being questioned.
This article analyses what Parallel Importing is and further studies the legal provisions and doctrines that surround the same. The Indian Jurisprudence regarding Parallel Importing is elaborated upon and the position of the Judiciary is established with the help of two important judgments in the subject.
