PARALLEL IMPORT

According to regulations, introducing goods intended for other geographical areas into the European Economic Area (EEA) market without the trademark owner’s consent is illegal, and the trademark owner can oppose it. In legal cases related to parallel import, the burden of proof that the goods were lawfully placed on the market generally rests with the defendant – the accused party must prove that the sale was legal, which significantly aids in combating this practice. Regulations on parallel import provide an opportunity to effectively eliminate illegal sales channels for goods that, although not counterfeit, should not be offered on the EU market. Importantly, these regulations can also help combat instances of label removal or alteration from original products. Parallel import is a phenomenon often seen in the pharmaceutical, cosmetic, electronic, and luxury goods industries, from which our clients come and whom we have effectively helped to deal with infringements of their rights.