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Impression Products, Inc. v. Lexmark International, Inc.: Is US Supreme Court's Ruling A Pointer To Indian Patent Law On Parallel Imports?

Dinesh Kumar Sharma

Abstract

This article attempts to look at the recent significant 7-1 ruling dated May 30, 2017 handed down by the Supreme Court of the United States in Impression Products, Inc.  v. Lexmark International, Inc. 581 US _(2017) to see if it can help shed some light on the true scope and import of the Indian patent law on the so-called "parallel imports" i.e. Section 107A(b) of the Patents Act, 1970 (as amended), and in particular to see if it embodies the so-called doctrine of "international exhaustion" and if yes, does it cover within its sweep a possibility of "conditional sale" so as not to erode the principle of "exhaustion"?

Keywords

International Exhaustion, Parallel Imports, Impression Products, Inc. v. Lexmark International, Inc., Supreme Court of United States, India, Section 107A(b), Patents Act, 1970

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