International V/S National Exhaustion Of Trademark

The Division Bench of the Delhi High Court has in its landmark decision in Kapil Wadhwa vs. Samsung Electronics Company Ltd., (judgment dated 3rd October 2012) held that if a person lawfully acquires branded goods abroad, imports them into India and resells them here, even though such importation and resale is without the consent of the owner of the trademark borne on the goods acquired abroad, such importation and sale will not amount to infringement of the trademark. This alert by IndusLaw analyses the impact of this judgment.

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