Abstract: The grey market in India has been a subject of great debate and controversy. While its legality has not expressly been mentioned in any of the statutes, an in-depth interpretation of them along with various case laws supporting the same, parallel imports hold a legitimate place in Indian commercial units. The rationale behind allowing parallel imports is that of providing for maximum consumer welfare while also sufficiently looking after the rights of the owner of the intellectual property. This paper conducts a doctrinal analysis on the legality of the regime of international exhaustion and thus, by extension, the legality of parallel imports in India. It has specifically been conducted with respect to copyrighted, trademarked and patented products. Parallel imports hold an important position in our country in terms of both, ensuring the minimum international prices of products are made available to consumers as well as the prevalence of healthy competition in the markets.

Author: Shaivi Shah and Palash Moolchandani are respectively 1st and 2nd year law students of the National Law University, Odisha. The authors may be contacted at 18bba051@nluo.ac.in or 17ba064@nluo.ac.in.

The full text of the article can be found as a PDF here.

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