First Parallel Import Case Concluded by Guangzhou IP Court
摘要
Recently, Guangzhou IP Court ruled on its first trademark infringement and unfair competition case regarding parallel import, in which it found such acts should neither constitute trademark infringement nor unfair competition. Parallel import generally refers to “to import products that are legitimately manufactured abroad without the consent of the IP rights owner”. Judicially speaking, China does not have definite opinions on the legitimacy of such acts. In this recent case, both Guangzhou Nansha District People’s Court and Guangzhou IP Court decided that under the condition that the parallel imported products are genuine products legitimately manufactured abroad, parallel import shall neither be considered as trademark infringement nor unfair competition. This article summarizes the reasoning part of the two instances of courts.
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