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Recommended Model for Parallel Importation of Trademarked Goods in ASEAN

The ASEAN Economic Community (AEC), on the lines of the common market of the European Economic Area (EEA), was established on 31 December 2015. One of its aims, as reflected in Article A.1.9 of the AEC Blueprint 2025, is to allow ‘competitive, efficient, and seamless movement of goods within the region’. National restrictions on parallel importation of trademarked goods that have been put on the market anywhere in AEC may affect this desire of free movements of goods within ASEAN. Part II of this paper will discuss the meaning of parallel importation of trademarked goods. Further, Part III will throw light on the arguments for and against allowing parallel importation. Furthermore, it will describe the different parallel importation models adopted by countries around the world and critically analyse those adopted by Singapore and EEA in particular. Finally, Part IV will analyse which model would be most suitable for ASEAN to adopt, keeping in mind both, its aim of seamless movement of goods, as well as the justifications for trademark protection.