Limitations of Marketing Activities in Parallel Imports

Parallel imports are non-counterfeit products imported from another country without the permission of the holders of the intellectual property. This research conducts an in-depth qualitative analysis of the Burberry case-a typical dispute between the stakeholders of parallel import marketing activities. Specifically, this research examines the conflicts between a domestic importer with exclusive import rights and a parallel importer with respect to the marketing activities of a parallel importer. Parallel importers sell genuine goods that they have lawfully parallel-imported from overseas, and generally their activities are not considered to have infringed trademark rights or exclusive licensee rights. However, parallel importers should be cautious in determining the boundaries of their marketing activities as parallel imports can be regarded as having infringed trademark rights in some special cases. This research further examines the limitations of parallel import marketing activities and discusses theoretical and practical implications for the parallel import industry.