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SC suspends several injunctions allowing parallel imports of HP products
View(s):In a landmark order the Supreme Court suspended several injunctions granted by the Commercial High Court of Colombo in favour of Hewlett Packard (HP) AP (Pvt) Ltd., preventing Tech Information Solutions (‘Techzone’) from importing genuine HP products through alternative sources, thus on a prima facie basis sustaining the specific provisions of the Intellectual Property law permitting parallel imports.
An injunction was sought in the Commercial High Court in an action filed by Techzone, a leading importer and reseller of laptops, notebooks, desktops and other IT related peripherals of global brands in Sri Lanka including products of HP brand in Sri Lanka against the HP Personal Systems Group engaging in a derogative and disparaging advertising campaign thwarting genuine competition.
However, the High Court refused the granting of interim relief in favour of Techzone and gave several interim injunctions in favour of HP effectively preventing Techzone from importing/distributing and/or selling, through alterative sources, HP products not available through HP Sri Lanka.
Counsel appearing on behalf of Techzone made submissions on the basis that the parallel importation of genuine products should not be prevented other than through channel distributors in that, the ultimate consumer would be the beneficiary of the competition with regard to pricing, quality and variety of goods on offer.
After hearing lengthy submissions made on behalf of both parties the Supreme Court suspended injunctions granted in favour of HP thus permitting Techzone to import through different channels, genuine HP products, including laptops and notebooks of latest specifications and models not made available to the Sri Lankan consumer by HP Sri Lanka.
S.A Parathalingam P.C., with M.U.M Ali Sabry and Ruwantha Cooray instructed by Paul Ratnayake Associates appeared for Tech Information Solution (Techzone) and Mr. Avindra Rodrigo instructed by F. J & G De Saram appeared for HP.
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