Changes proposed regarding parallel imports – An exhausting concept for Australian trade mark owners?

In this article, we consider; the changes to the Trade Marks Act proposed in respect of parallel imports which the Draft Explanatory Memorandum states are aimed at ensuring that the law “better meet[s] the objective of facilitating the parallel importation of goods into Australia to the benefit of consumers by limiting the strategic use of restrictions by registered trade mark owners, and to introduce greater clarity and certainty in how the provisions operate”; IP Australia’s responses to the public consultation on the draft of the Intellectual Property Laws Amendment (Productivity Commission response part 1 and other matters) Bill and regulations 2017, which were published on 2 March 2018; and whether in light of the proposed amendments, trade mark owners should reconsider their protection strategy in Australia. What is a parallel import? Parallel imports are genuine goods (i.e. goods which have been branded with a trade mark by or with the authorisation of…

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