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India’s take on Parallel Imports and International Exhaustion

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After years of debate, finally the question on validity of “Parallel Imports” has been answered in a recent judgment delivered by Division Bench of the Hon’ble Delhi High Court. The court, in the case of Samsung Electronics Company Ltd. v. Kapil Wadhwa & Ors., while recognizing the principle of international exhaustion under the Trade Marks Act, 1999, held that the expression “in any geographical area”, in the Act clearly envisages that the legislative intent was to recognize the principle of

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