In the recent judgment of the Delhi High Court in Samsung Electronics Company Ltd v KapilWadhwa (IA No 7774/2011 and IA No 10124/2011 in CS (OS) No 1155/2011, February 17 2012) has analyzed the issue of parallel imports in great depth, and is now possibly the most exhaustive and clear judgment on the issue.

After examining the arguments put forward by the parties, the court concluded that India follows the principle of national exhaustion, rather than international exhaustion. The court based its findings purely on the plain interpretation of various provisions of the Trademarks Act like Section 29(1), 29(6), 29(6)c and section 30(3). The case was mainly represented by Pravin Anand, Managing Partner, Anand & Anand.