Section 123 of the Trade Marks Act 1995 provides a defence against infringement for the parallel importation of trade marked goods or services. The existing law around the parallel importation of trade marked goods has been interpreted narrowly by the courts, which has led to uncertainty and confusion. It is also arguable that section 123 of the Trade Marks Act is not effectively implementing the policy intention of allowing for the parallel importation of legitimate goods. The Productivity Commission in its 2016 report into Australia's IP arrangements agreed with the findings of the Competition Policy Review 2015 (Harper review) that section 123 should be amended to broaden its scope to meet its original policy intent. The government accepted this recommendation.
Legislative drafting 04-Sept-2017