Parallel exporting in simple terms is the exporting of a product without the permission of the manufacturer or the intellectual property owner.
The Victorian Government has advised that it does not support parallel exporting and will reject state nomination applications from 888A applicants who engage in parallel exporting.
All subclass 188 Business Innovation visa holders doing export must provide written permission from the trademark or brand owner(s) for their Australian exports.
If you have exported Australian trademarked goods in the 2 years before you apply for subclass 888 nomination, you must provide evidence showing permission from the trademark or brand owner(s).
Evidence may include:
- Official certificate or agreement from the trademark owner authorising export activity, or
- Authorisation from the trademark owner to the supplier/distributor for export activity, or
- Correspondence (e.g. meeting notes, emails) showing the trademark owner understands the business migrant’s export intentions, or
- Partnership or contractual agreements between the trademark owner and business migrant.
What is an example of parallel exporting?
Scenario: A Victorian business migrant purchases wine from a wine supplier or wholesaler. The brands purchased have existing and official export channels into the relevant country.
The business migrant only has a receipt of purchase and no additional evidence that shows the trademark owner is aware of, or consents to, the business migrant exporting the wine.
This is an example of ‘parallel exporting’ and is not permitted in the Victorian Government’s Skilled and Business Migration Program.