Parallel import

Indian Economy glossary

Also called: Grey market import · Topic: International Trade Policy, WTO and Intellectual Property · NCERT: Beyond NCERT

Meaning

A parallel import is when someone imports a genuine patented or branded product from a country where it was legally sold, without the IP holder's consent. It rests on exhaustion of rights: once the holder sells the product, their control over resale ends. India follows international exhaustion (Patents Act s. 107A(b)), so a sale anywhere in the world exhausts the right. This helps keep prices down.

Example

Say a company sells a patented medicine more cheaply in another country than in India. An Indian importer can buy it there and sell it in India without the patent holder's permission.

Don't confuse with

  • Counterfeit or pirated goods: these are fake or unauthorised copies. Parallel imports are genuine products that were first sold legally.
  • Compulsory licence: this lets a third party make a patented product without consent, on payment of royalty. A parallel import only moves goods the holder already sold.

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