What are the rules on parallel imports under Dutch and EU law?

Dutch term: Parallelimport | Legal basis: EU free movement + IP exhaustion

Parallel imports occur when genuine branded products are imported into the EU through channels not authorised by the brand owner. Under EU law, the principle of exhaustion of intellectual property rights means that once a product has been placed on the EEA market by or with the consent of the IP rights holder, the rights holder cannot use its IP rights to prevent further distribution of that specific product within the EEA.

The exhaustion principle applies to trademarks (article 15 of the EU Trade Mark Regulation), patents and other IP rights. However, the rights holder can oppose further commercialisation if the condition of the goods has been changed or impaired, or if the goods were originally placed on the market outside the EEA (no international exhaustion for trademarks in the EU). Parallel imports from outside the EEA can be blocked by the brand owner.

Why it matters for international businesses

For distributors and importers dealing with branded products, the exhaustion doctrine determines whether parallel sourcing is legally permissible. For brand owners, it affects the ability to maintain exclusive distribution channels and territorial pricing.