Many international brand owners face the ongoing problem importation of grey market goods (or parallel imports). Bypassing a company's approved distribution channels to import and sell goods intended for overseas markets can not only damage brand reputation and erode profits, it can also jeopardise public safety and cause long-lasting damage to the company’s relationship with local distributors.
Parallel imports affect a wide range of industries, including food, automotive, music, literature and film, pharmaceuticals, electrical goods, IT and fashion.
At Davies Collison Cave our litigators and patent and trade mark attorneys work hard to stay a step ahead in this complex and ever-changing area of law. We work together with our clients to devise commercial and practical solutions to parallel importation issues. These include:
- recommending and implementing appropriate monitoring and enforcement regimes to prevent or restrict the sale, promotion or importation of parallel imports where that conduct is unlawful
- advising on appropriate labelling strategies for discouraging and deterring the sale or importation of parallel imports
- notifying regulatory authorities in cases where the sale of parallel imported goods in Australia creates public safety issues or where the goods otherwise do not comply with local regulatory and labelling laws or standards
- advising on consumer education campaigns to warn against the potential dangers of purchasing parallel imported goods
- commencing litigation (where appropriate) in the Australian Federal Court against importers who sell or promote parallel imported goods in Australia