Parallel import in Aruba Curacao, Sint Maarten and the BES-island

The territories of Aruba, Curacao, Sint Maarten and the BES-islands do not have specific legislation against parallel-import. I am not aware of any upcoming legislation to prohibit parallel import. There have been a number of cases before the courts that were argued based on tort a/o infringement a/o misuse of IP rights. There was 1 decision in the Court of First Instance of Aruba that deemed parallel import to be a tort but the Court of First Instance of Curacao shortly thereafter deemed that the parallel import was not a tort. The Common Court later confirmed this decision; there have been subsequent decisions by the Common Court of Appeals of Aruba, Curacao, Sint Maarten and the BES-islands by virtue of which the court has deemed parallel import not an act of tort a/o IP rights infringement. This included a case in which the importer had removed serial numbers engraved on the bottles to disguise the origin of the shipments. The main consideration of the court has been that considering the small size of our economies it would not be in the nest interest of the population if parallel-import were prohibited, as this would potentially create the opportunity for the licensed importers to unduly control and influence the pricing of the imports thereby driving the cost of living. The decision seems to have favored the competition in general among licensed importers and parallel importers versus the rights of the licensed importers.  Granted the consideration by the court may be deemed a bit awkward because the parallel-importers were primarily trying to protect their business interests and not the "general good" of the consumer market.