If you’ve been thinking that there hasn’t been much legal action in the trade mark parallel importation space since the 2012 decisions in Paul’s Retail and Lonsdale, you would have been largely correct – until a few months ago. In April this year, the Productivity Commission made a series of recommendations to reform section 122 of the Trade Marks Act 1995. Included in those reform recommendations is a suggestion that we look for inspiration to our friends across the Tasman Sea. Then in June, the Full Court handed down its decision in Scandinavian Tobacco Group Eersel BV v Trojan Trading Company Pty Ltd  FCAFC 91.
On 30 August Melbourne IP barrister Susan Gatford will review these recent developments with you, and explore the considerations that are relevant to those advising both trade mark owners and those who are perceived to be parallel importers.