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Case Study Presentation: Parallel Importation of Goods — Samsung Electronics vs. Kapil Wadhwa (2012) Slide 1: Title Slide - Title: Case Study on Parallel Importation of Goods - Subtitle: Samsung Electronics Co. Ltd. vs. Kapil Wadhwa & Ors (2012) - Presented by: [Your Name] - Subject: Intellectual Property Law / Business Law Slide 2: Introduction - Brief overview of the concept of parallel importation - Explanation of how it applies in international trade - Objective of the case study Slide 3: Background of the Case - Samsung Electronics: a global brand with regional market divisions - Kapil Wadhwa: importer and reseller in India - Nature of dispute: importation of Samsung printers not meant for Indian market Slide 4: Legal Issue - Whether parallel importation amounts to trademark infringement under Indian law - Relevant legal provisions: Trade Marks Act, 1999 (Sections 29, 30) Slide 5: Arguments by Samsung - Claimed trademark infringement and unauthorized use - Asserted that imported goods were not meant for Indian consumers - Concern over brand image and quality control Slide 6: Arguments by Kapil Wadhwa - Asserted that genuine goods can be freely resold once legally purchased - Relied on the principle of international exhaustion of trademark rights Slide 7: Court’s Decision - Delhi High Court’s findings - Initially favored Samsung but reversed in appeal - Held that parallel importation of genuine goods is not trademark infringement Slide 8: Key Legal Principle — Exhaustion Doctrine - National vs. International exhaustion - India’s position after this case: international exhaustion recognized Slide 9: Impact of the Case - Implications for brand owners and importers - How it shaped Indian IP law and parallel trade policies Slide 10: Conclusion - Summary of key takeaways - Significance of Samsung vs. Kapil Wadhwa in trademark jurisprudence - Final thoughts on balancing IP protection and market competition
Case study on 2012 Delhi HC ruling: Parallel importation of genuine Samsung printers ≠ trademark infringement. Affirmed international exhaustion doctrine, balancing IP protection with free trade for i
This title slide presents a case study on the parallel importation of goods. The subtitle highlights the 2012 case of Samsung Electronics Co. Ltd. vs. Kapil Wadhwa & Ors.
Samsung Electronics Co. Ltd. vs. Kapil Wadhwa & Ors (2012)
Source: Samsung Electronics Co. Ltd. vs. Kapil Wadhwa & Ors (2012)
This slide introduces parallel importation of genuine goods via unauthorized channels, Samsung's global brand with regional divisions, and Kapil Wadhwa's import of non-Indian Samsung printers to India. The objective is to analyze related trademark infringement claims.
Samsung argues trademark infringement under Trade Marks Act Sections 29 and 30, as the printers were not intended for the Indian market and risk brand image and quality control. Wadhwa counters with free resale of genuine, lawfully purchased goods, citing international exhaustion of trademark rights that permits parallel importation without infringement.
| Samsung's Arguments | Wadhwa's Arguments |
|---|---|
| Trademark infringement under Trade Marks Act Ss 29, 30. Printers not intended for Indian market, risking brand image and quality control. | Free resale of genuine goods lawfully purchased. International exhaustion of trademark rights permits parallel importation without infringement. |
Source: Samsung Electronics vs. Kapil Wadhwa (2012)
The Delhi High Court initially favored Samsung but reversed its decision on appeal. Parallel imports of genuine goods do not constitute trademark infringement, as India follows international exhaustion rather than national exhaustion.
Source: Samsung Electronics vs. Kapil Wadhwa (2012)
The slide concludes that international exhaustion enables parallel trade benefiting importers and consumers while shaping Indian IP law to balance protection and competition. It emphasizes promoting market access to unlock markets via the exhaustion doctrine and calls to discuss IP strategies now.
• Enables parallel trade, benefits importers/consumers
Key takeaway: Int'l exhaustion promotes market access
Closing: Unlock markets with exhaustion doctrine.
Call-to-action: Discuss IP strategies now.
Source: Samsung Electronics vs. Kapil Wadhwa (2012)
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