8. Are parallel imports (or grey-market goods) legal under the Trade Marks Ordinance?
Yes*. Parallel imports are goods that are originally made and marketed for a market outside Hong Kong, but are subsequently imported into Hong Kong without the consent of the trade mark owner. Under section 20 of the Trade Marks Ordinance, it is a defence to a trademark infringement claim if the goods have been put on the market anywhere in the world under that trademark by the trademark owner, unless the goods have changed or been impaired and where the reputation or distinctiveness of the trademark in question will be adversely affected.
*However, there may be potential liability under the Copyright Ordinance (see question 8 of Copyright section).
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