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

Authors

  • Dinesh Kumar Sharma LexOrbis Intellectual Property Attorneys

DOI:

https://doi.org/10.5912/jcb825

Keywords:

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

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"?

Author Biography

  • Dinesh Kumar Sharma, LexOrbis Intellectual Property Attorneys
    Dinesh Kumar Sharma is an Advocate and Regd. Indian Patent Agent. He holds a Master’s degree in Chemistry (with specialization in Organic Chemistry), and Bachelor’s degree in Law. He obtained his LL.B. degree from University of Delhi. He is also a member of Delhi High Court Bar Association (DHCBA). He has been appointed as a Facilitator of Patents, Start-Ups, by Govt. of India. He is a Sr. Associate at LexOrbis Intellectual Property Attorneys, a law firm based in New Delhi. He has a particular focus in his practice on pharmaceutical and chemical patent litigation and enforcement, prosecution of patent applications and opinion work. He represents clients before the Courts, Intellectual Property Appellate Board (IPAB) and the Patent Office. He has, to his credit, a work experience of more than 10 years. He has an extensive background in most aspects of patent prosecution and litigation. His experience in both the prosecution and enforcement sides of patents enables him to assist clients in obtaining patents with an eye towards meaningful protection. He draws on diverse skills including his technical knowledge and patent law experience to provide clients with advice that fits their particular needs. He also has, to his credit, several articles / research papers published in the prominent journals.

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Published

2018-02-01

Issue

Vol. 23 No. 4 (2017)

Section

Article