Indian Trademark Law and Parallel Imports

2011 ◽  
Author(s):  
Mubasher Hussain Ansari
Keyword(s):  
Parallel Imports ◽  
Trademark Law

scholarly journals The Exclusive Rights of Licensees in Parallel Import Practices

Yuridika ◽  
2021 ◽  
Vol 36 (1) ◽  
pp. 57
Author(s):  
Edbert Seligshan Horman
Keyword(s):  
Competition Law ◽  
The Other ◽  
National Standard ◽  
Parallel Imports ◽  
Trademark Law ◽  
Parallel Import ◽  
Fair Competition ◽  
Parallel Importation ◽  
The Right ◽  
Exclusive Right

Parallel imports are one of the most interesting and unique phenomena of international trade. On one hand, it applies competition law, while on the other, trademark law and the customs law also apply in this activity. Parallel imports occur when genuine goods are imported in parallel (concurrently) to goods imported by a licensee. These parallel imports are then sold at a cheaper price than that of the  goods of the licensee. This parallel import activity is inconsistent with the exclusive rights that the licensee receives under the licensing agreement it makes with the owner of the trademark. This exclusive right is essentially monopolistic, entitling the licensee to prevent all parties with the commercial intention of selling the same or similar goods as their own. However, the right to monopoly is limited for the sake of a fair competition. The licensee can sue to get compensation in parallel importation base on unjust enrichment principle. Moreover, parallel importation can be inhabited by enforcing procedural and administration regarding import of goods such as, Indonesian national standard and label in bahasa

Summary of Results

2017 ◽  
Author(s):  
Adrian Kuenzler
Keyword(s):  
Intellectual Property ◽  
Supreme Court ◽  
Government Agencies ◽  
Property Law ◽  
Trademark Law ◽  
Intellectual Property Law ◽  
The Past ◽  
The Supreme Court ◽  
The Government ◽  
Networked Economy

The persuasive force of the accepted account’s property logic has driven antitrust and intellectual property law jurisprudence for at least the past three decades. It has been through the theory of trademark ownership and the commercial strategy of branding that these laws led the courts to comprehend markets as fundamentally bifurcated—as operating according to discrete types of interbrand and intrabrand competition—a division that had an effect far beyond the confines of trademark law and resonates today in the way government agencies and courts evaluate the emerging challenges of the networked economy along the previously introduced distinction between intertype and intratype competition. While the government in its appeal to the Supreme Court in ...

scholarly journals TUNTUTAN PROVISI DALAM GUGATAN PELANGGARAN MEREK PADA PENGADILAN NIAGA

1970 ◽  
Vol 2 (1) ◽  
Author(s):  
Devi Marlita Martana
Keyword(s):  
Law Enforcement ◽  
Literature Study ◽  
Trademark Law ◽  
Trademark Infringement ◽  
Civil Proceeding ◽  
Investigation Process

Act Number 15 Year 2001 regarding  Trademark has set the provisional charges. Provisional charges may be filed by the plaintiff while the investigation process of trademark infringement lawsuit in court of commerce is still ongoing. In a civil proceeding, the provisional charge must not be the primary charge, however the provisional charge that is set out in the Trademark Act has already concerned the primary charge. Actions that can be requested in the provisional charge according to Article 78 paragraph (1) in the  Trademark Act include cessation of production, cessation of circulation of goods and / or services using Plaintiff's trademark illegally. Using literature study that utilizes primary legal materials and secondary legal materials as the research object, the results of the discussion are expected to be based on sufficient arguments to provide benefits for those who are interested to learn the trademark law enforcement.

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