Title Session - SMK - Parallel Importation & Licencing 04.04.2025.pdf ✅

FOUNDATIONAL DOCTRINES IMPACTING PARALLEL IMPORTATION Santanu Mukherjee©2025
Legal Rights Conferred by Intellectual Property Rights • Intellectual Property Rights (IPR) are negative rights, exclusionary in nature: Without permission third parties cannot make, use, offer for sale, sell, or import: • the patented product; and /or products manufactured by patented process without the patent owner’s consent; • Products with the same trademarks or deceptively similar trademarks; • Contents that are protected by copyrights. • IPRs are similar to physical property, can be transferred through license (both exclusive & non-exclusive) or assigned through contracts or by succession (with an exception in Geographical Indications). Santanu Mukherjee©2025
Santanu Mukherjee©2025 • Ubiquity: The IP aspect of the physical goods exists independent of the goods incorporating the rights in each of the products at any given time. • The IPRs follow the product downstream enabling the owner to be able to control the movement of the product into a market using IPRs. Hence a single right in different jurisdictions can effectively control commercialisation of the product at any given time and control the entire supply chain. Ubiquity in IPR