Volume 1 Issue 2

Volume 1 Issue 2

Parallel Imports and Paralysed Law- An Examination of Need for Uniformity

By Nitisha Agarwal and Khushi Sharma,
Student , Hidayatullah National Law University, Raipur

Abstract

Parallel trade refers to the sale of non-counterfeited products in another country without the permission of the intellectual property owner. Though it is not a new issue, the problems created by it are increasing day by day. It creates a conundrum between the rights of IP owners and the objective of free trade throughout the world. Currently, there is no uniform law regarding the legality of this practice. Since there is no international agreement providing a direction, countries are making laws according to their social conditions. The current trend is that developed countries being producers of manufactured goods prefer national exhaustion regime, on the other hand, developing and underdeveloped countries being consumers, prefer international exhaustion.

This paper seeks to explain the issue of parallel imports and the possible kinds of exhaustion regime. Further, it will scrutinize the exhaustion regimes followed by developed and developing nations and highlight the problems due to the lack of uniformity in the same. It highlights drawbacks of the failure of international organizations in harmonization of laws. This paper will further emphasize on the need for harmonization of laws in a way to ensure flexibility along with uniformity. It shows that a uniform ‘rigid’ rule might not be the best of all solutions. For the same, a solution model is being proposed wherein country autonomy will be ensured by following the principle of regional exhaustion based on the functioning of the EU. 

Recommended Citations :

OSCOLA

Nitisha Agarwal and Khushi Sharma, ‘Parallel Imports and Paralysed Law: An Examination of Need for Uniformity’, [2021] 2 IJBLS

https://intbusinesslaw.com/parallel-imports-and-paralysed-law-an-examination-of-need-for-uniformity/

Bluebook 19th Ed.

Nitisha Agarwal and Khushi Sharma, Parallel Imports and Paralysed Law: An Examination of Need for Uniformity, 1 IJBLS 2, 51-67 (2021)