Abstract
Unilever PLC v Matrix Impex Ltd, Supreme Court (Commercial Division) of the Republic of Mauritius, 23 November 2017, 2017 SCJ 427 The system of national exhaustion was first recognized by Mauritian courts in 2012 and since then right holders have consistently enforced their rights against parallel imports in different situations. Mauritius follows a system of national exhaustion whereby owners of trade marks and designs can take action against parallel imported goods. Unless a product bearing a trade mark or a design is placed on the market by the registered owner or with his consent, it will be deemed to infringe the rights conferred to the registered owner of the mark as provided by sections 32(3) and 40(5) of the Patents, Industrial Designs and Trade Marks Act 2002 (PIDTA 2002). The general misconception among traders is that they consider themselves free to import genuine goods into Mauritius, as those goods are often cheaper abroad.
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