Parallel imports: trademarked vs copyrighted

In a recent order, the Swiss Competition Commission has levied a record fine of SFR156m on BMW automobile company in Germany for impeding direct and parallel imports into Switzerland by preventing their dealers in the European Economic Area to sell cars in non-EEA countries. In 2011, Nikon, the camera manufacturer was fined SFR12.5m for a similar act. If we look at India, Hindustan Lever Ltd was able to get a stay order from the Bombay High Court a few years ago on import of Lux soaps by Indian traders from Indonesia.

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