Exhaustion of Trademark Right and Parallel Importation

Saurabh Suman and Sakshi snehi
School of Law , KIIT UNIVERSITY , Patia , Bhubaneswar, Odisha, India

Volume I, Issue IV, 2018

Exhaustion of trade mark rights mean when the owner/proprietor of a trade mark sold or transfers its rights to any other persons that moment only the owner/proprietor losses its rights to that certain product or good. And that right which he holds is transferred and started to being exercised with the new owner/proprietor. There are certain rights that an owner of registered trademark holder holds which make him/her different from the others people who poses to be owner of trademark but they are not registered. The rights which a trademark holder/owner enjoys are rights provided by the registrar of trademark.

Parallel Imports is also known as grey market goods. Parallel imports referred as when the registered product is sold in other country market without the consent of the owner of that product those products are original product they are not counterfeit product. This is occurring because of the higher price of that product in the other country. The seller/exporter will sell that product relatively cheaper than the price of the owner if he is selling in that country. The seller or exporter will purchase good from the home country of the owner and will sell it in other country where the price of that good is much more higher or whether that product is not available in other country.

 

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