JEAIL > Volume 17(2); 2024 > Issue Focus
Research Paper
Published online: November 30, 2024
DOI: http://dx.doi.org/10.14330/jeail.2024.17.2.01

Parallel Importation of Patented Products in Pakistan: The Need for a Modern Patent Regime in Light of the Shanghai Cooperation Organization

Muhammad Salman Shafiq
Zhejiang University
House Number 130-F3, Engineers Town, Defence Road, Lahore, Pakistan.
Corresponding Author: salmanshafiq1@zju.edu.cn

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/liceInha University Law School, 100 Inharo, Michuhol-gu, Incheon 22212 Korea. / nses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
Parallel importation of patented products, “first sale doctrine,” is an effective and efficient way of handling the importation of patent-protected goods. The national exhaustion idea is being used in Pakistan regarding patent exhaustion. Market competition and lower pricing phenomena are affected by this strategy. Case studies from the European Union (EU), the United States (US) and China are used to show how businesses can protect consumers’ rights by parallel imports. The US and China follow international exhaustion whereas the EU follows the regional exhaustion principle, which is comparable with Pakistan concerning the Shanghai Cooperation Organization (SCO). By finding lower-priced products, promoting international economic integration and regional collaboration with SCO, Pakistan can avail better investment opportunities. Case studies show result-oriented efforts regarding the implementation of the international parallel exhaustion strategy. Study recommends raising awareness and enhancing legal clarity, IP protection, and stakeholder input to ensure compliance with an international exhaustion system.

Keywords : Parallel Importation, Shanghai Cooperation Organization, International Exhaustion, Patents, TRIPS

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