The Indian Patent Act provides that "parallel imports are allowed when authorized under the law." The Secretariat Report says that "the authorities noted that: "under the law" should be interpreted as the law of the country where the item is being produced." However, there is no citation supporting the Indian authorities' view. Since Article 107a can be interpreted as Indian law instead of "the law of the country where the item is being produced," Japan would like to make sure whether the Indian authorities' view on the interpretation of Article 107a is that "under the law" should be interpreted as the law of the country where the item is produced or not.
Reply: The words "under the law" in section 107 A(b) of the Patents Act should be interpreted as the law of the country where a person is duly authorized under the law to produce, sell or distribute the product.
