chapter  11
13 Pages

International exhaustion of trademark rights in India

WithArul George Scaria

The Division Bench discussed in detail the circumstances that might act as an exception for the international exhaustion principle. The decision of the Division Bench illustrates that a contextual reading of the Indian trademark law is necessary to get a clearer picture of the trademark exhaustion principle followed by India. The Statement of Objects and Reasons clearly illustrates that the framers of the provisions were intending to recognise the principle of international exhaustion of rights in Indian trademark law. The primary significance of the Division Bench decision is that it has brought in considerable clarity with regard to the exhaustion principle India follows in the area of trademarks. Samsung initiated a suit against the appellants, alleging violation of their registered trademarks in India. The Single Bench of the Delhi High Court, in its order dated February 17, 2012, ruled in favour of Samsung.