Skip to main content

Quick and decisive actions of officials at the Customs Office, Pune, achieved a major success for Ferrero SpA (hereinafter Right Holder or Ferrero) in a case of parallel importation. In an unprecedented development, a third-party  importer of foreign goods, not earmarked for sale in India by the manufacturer, was made to shoulder responsibility for their import.

Prime Fabzone Pvt. Ltd. (Importer) had imported Ferrero products in India which were not in compliance with the applicable Indian laws, that is the Legal Metrology Act and the Food Safety and Standards Authority of India (FSSAI). However, the goods did not violate the  intellectual property rights of the Right Holder as these appeared to be original.

Ferrero raised its serious concerns about the imported products with the Customs because these did not comply with the applicable laws in India which would cause the Indian regulatory authorities to hold the Right Holder liable for any irregularity or breach arising out of the sale of Ferrero products notwithstanding that these were obtained through parallel imports.

In order to safeguard the interests of Ferrero, the Pune Customs office obtained an undertaking from the Importer in the form of an indemnity bond to the Customs stating that the Importer shall indemnify the Right Holder for any financial and legal liability arising out of the said parallel importation of Ferrero products.

This is an unprecedented instance of an importer undertaking to bear liability arising from parallel imports of a right holder’s products into India. The outcome is of importance for overseas manufacturers who run the risk of regulatory non-compliance and legal liability for goods which they neither imported nor intended to sell in India.

Most Recent

News & Insights

VIEW ALL
News & Updates, Thought Leadership
Jan 15, 2026

First published by Lexology. Authors: Safir Anand, Mudit Kaushik and Sehr Anand The handling of price sensitive corporate information has become increasingly

The Regulatory Cost of Informal Digital Disclosures
News & Updates
Jan 02, 2026

First published by Lexology. Authors: Pravin Anand, Saif Khan, Shobhit Agarwal and Prajjwal Kushwaha A. Background B. Legal Issues Addressed C. Directions

Landmark Ruling On Domain Name Fraud and Systematic Reforms in Digital Commerce
Thought Leadership
Jan 01, 2026

First published on Enterprise IT World. Authored by Subroto Kumar Panda As we stand on the final day of 2025, reflecting on a year of dizzying

The Great Dissolve: Re-Engineering Enterprise Workflows for the 2026 AI Paradigm
Thought Leadership
Dec 19, 2025

First published on Express Computer. Authored by Subroto Kumar Panda The notification of the Digital Personal Data Protection (DPDP) Rules, 2025, marks

The DPDP: An 18-month compliance imperative for the C-suite