Parallel
Export Restrained By Delhi High Court
sIPRfirm.com:
In a first case of its nature, the Hon’ble Court of Delhi
passed an ex-parte order of interim injunction restraining the local
Indian traders from exporting the goods manufactured by the proprietor
of the genuine mark as the export was being made without the consent
of the proprietor. The suit for permanent injunction was filed by
a well known manufacturer of edible articles for human consumption
HALDIRAM’S objecting to the export of the goods manufactured
by them for domestic market by some traders from India to the United
States and other European countries. The Indian traders were procuring
the products from the authorized dealers of HALDIRAM’S as
were meant for domestic consumption and having a shelf life of six
months and thereafter altering the trade description including the
batch number, date of manufacture and date of expiry to enlarge
the shelf life of the products to twelve months and exporting the
same to various countries in the world. The defendants were also
represented themselves to be the authorized distributors of genuine
products through their website making a misrepresenting to the foreign
buyers as to the genuineness of the products and making false representation
as to the goods being fit for human consumption. Accepting the case
set up by HALDIRAM’S attorney’s, Amarjit & Associates,
Hon’ble Mr. Justice G.S. Sistani passed an ex-parte order
of interim injunction restraining the defendants from exporting
the plaintiffs products and from represented them to be the authorized
dealers of Haldiram’s. The order passed by the Court is unprecedented
being perhaps the first case in any part of the world dealing with
the issue of parallel export.
Editor
Notes : Amarjit & Associates is a mid-sized law firm dealing
primarily in the areas relating to protection, enforcement, mediation
and arbitration with reference to Intellectual Property and Cyber
Laws including but not limited to, - trademarks, copyrights generally
films, music, artistic, literary works, Patents, Industrial Designs,
Geographical Indications, Cybersquatting, Online Copyright Infringement,
Software Protection, Phishing, Online Defamation amongst others.
Mr. Amarjit
Singh, Senior Partner, Amarjit &Associates, New Delhi is a Regd.
Patent Agent under the Indian Patents Act and is a visiting faculty
to Bureau of Parliamentary Studies – Lok Sabha Secretariat
(Parliament of India) New Delhi, Institute of Intellectual Property
Studies, Mumbai, Academy of Intellectual Property Mumbai, Patent
Gurukul and others
During the
past 30 years acted in the capacity: as Counsel, Patent attorney,
head of Trade Mark Department corporate advisor, attorney and arguing
counsel in Intellectual Property related matters generally. The
Principal nature of functions includes Litigation, advising and
rendering legal opinions, arguing matters at the levels of subordinate
judiciary to the highest Court of the land, handling and prosecuting
patent applications, mediating for settlement of disputes amicably
and drafting patent, copyright, trademarks, licensing-contracts,
assignments, ownership, issues etc., prosecuting opposition proceedings,
drafting evidences, examination and cross examination of witnesses
in India and in foreign jurisdictions, acting as Arbitrator, drafting
of pleadings, contracts, joint venture agreements, handling complete
corporate IP Profile for Indian Corporation Overseas.
IPR
FIRM.COM - Online IPR Law Firm, India – Trade Marks, Copyright Registration,
Delhi, India
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