PARALLEL IMPORT OF FOOD PRODUCTS, TRADEMARK INFRINGEMENT AND HALAL ISSUES: CASE ANALYSIS OF GUANGZHOU LIGHT INDUSTRY & TRADE GROUP LTD & ORS VS LINTAS SUPERSTORE SDN BHD [2022] 4 MLJ 339

الملخص

Parallel import refers to the importation and sale of goods by a third party without the consent of the registered trademark owner in the country concerned. This issue is increasingly relevant in the context of international trade, especially involving food products that are subject to strict local legal requirements including halal requirements in Malaysia. This case study analyses the decision of the case Guangzhou Light Industry & Trade Group Ltd & Ors v Lintas Superstore Sdn Bhd [2022] 4 MLJ 339 where the Federal Court of Malaysia decided three main issues. These issues include trademark infringement, the parallel import defence and the tort of passing off. The conflict in the law arose when the defendant imported canned food products labeled with the trademark `Eagle Coin’ from China for resale in Malaysia without getting permission from the owner or registered user of the trademark. In addition, this study also explores how the courts have applied the `material differences standard’ in cases of parallel importation of genuine products where the product does not meet the local labelling requirements of the Food Regulations 1985, the product is not certified as Halal and the physical quality of the product differs. This study believes this is also an important addition to the Malaysian trademark jurisprudence because in particular it helps to strengthen the concept that the trademark right does not lose its effect globally where there is a clear nationally limitation on the packagings using the trademark. Furthermore, this case also highlights the importance of the halal requirements in the determination of material differences in the context of parallel imports, which will provide greater protection to the Muslim consumers and legitimate traders in Malaysia.