Download or read book Parallel Importation Under European Union Law written by Thomas Hays and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides an explanation of paralled importation, examining major case law - in the EU and elsewhere - together with the different strands of law that make up the subject. The wide-ranging treatment includes cases from Asia, Australia, North and South America.
Download or read book Parallel Trade in Europe written by Christopher Stothers and published by Hart Publishing. This book was released on 2007-04-02 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are parallel importers the key to unlocking the single European market, breaking down long-established national barriers for the benefit of all? Or do they instead just operate in a dubious "grey market", free-loading on the investment of innovators and brand owners to the ultimate detriment of future investment? Parallel importers are in turn lionized and demonized, both in legal commentary and in the mainstream press. Trade is economically possible whenever the price of a particular product is higher in one area than in another. However, in the real world, trade will only occur if this price differential is sufficient to cover the costs of the trader together with a sufficiently attractive margin of profit. Some costs can be viewed as barriers to trade which result in an economically imperfect allocation of resources across the world. They can also operate as a waste of resources. Various attempts have been made to reduce unnecessary barriers, encouraging trade, and reducing waste - the clearest example being the WTO, which is dedicated to eliminating barriers to trade. Regional trading areas, such as the European Community share these goals, along with certain other aims. Although many barriers have already been removed, the process is far from complete. Parallel trade occurs when goods are manufactured by one party (the manufacturer) and put onto the market in country A but are then imported into country B by a second party (the parallel importer). The manufacturer may have manufactured the goods and/or put them on the market in country A directly or through third parties, but the distinguishing feature of parallel trade is that the manufacturer did not intend the goods to end up in country B. Parallel trade normally occurs when the manufacturer sells the goods in question in both countries (thus the trade is "parallel" to the main trade organized by the manufacturer) but the price of the goods in country A is lower than the price in country B. However, it may also occur when the manufacturer does not sell in country B at all, or does not sell sufficient quantities there. The goods are typically described in country B as "parallel imports" or "grey market goods." Understanding how EC law operates to restrict parallel trade involves exploring a complex matrix of different rules derived from the different fields of competition, free movement, and intellectual property, together with their corresponding private and public enforcement regimes, as well as the relationship with other external regimes. Author Christopher Stothers' comprehensive treatment of the subject successfully casts light on this difficult topic and is set to become the definitive work of reference in the area.
Download or read book Trade Marks and Free Trade written by Lazaros G. Grigoriadis and published by Springer. This book was released on 2014-05-06 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first study to examine the issue of the legality of parallel imports of trademarked goods under the most important legal systems on an international level, namely under GATT/WTO law, EU law and the laws of the ten major trading partners of the European Union. Part I consists of a general approach to the phenomenon of parallel importation and of a presentation of the theories that have been suggested to resolve the above-mentioned issue. The rule of exhaustion of rights, of which there are three types (rule of national, regional and international exhaustion of rights), is proposed as the most effective instrument to deal with the issue in question. Part II examines the question of exhaustion of trademark rights in light of the provisions of GATT/WTO Law. Part III analyzes the elements of the EU provisions on exhaustion of trademark rights (Articles 7 of Directive 2008/95/EC and 13 of Regulation (EC) 207/2009) and some specific issues relating to the application of these provisions. Part IV presents the regimes of exhaustion of trademark rights recognized in the European Union’s current ten most significant trading partners. The book is the first legal study to welcome, in light of economic analysis, the approach adopted by GATT/WTO law and EU law to the question of the geographical scope of the exhaustion of the trademark rights rule. It includes all the case law developed on an international level on the issue of the legality of parallel imports of trademarked goods and a comprehensive overview of the scientific literature concerning the phenomenon of parallel imports in general and the legality of parallel imports of trademarked goods. All the views expressed in the book are based on the European Court of Justice’s most recent case law and that of the courts of the most important trading partners of the European Union.
Download or read book The Parallel Importation of Trade Mark Protected Goods Under European Union Law written by Thomas Edward Hays and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trade Marks and Free Trade written by Lazaros Grigoriadis and published by Springer. This book was released on 2014-05-11 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first study to examine the issue of the legality of parallel imports of trademarked goods under the most important legal systems on an international level, namely under GATT/WTO law, EU law and the laws of the ten major trading partners of the European Union. Part I consists of a general approach to the phenomenon of parallel importation and of a presentation of the theories that have been suggested to resolve the above-mentioned issue. The rule of exhaustion of rights, of which there are three types (rule of national, regional and international exhaustion of rights), is proposed as the most effective instrument to deal with the issue in question. Part II examines the question of exhaustion of trademark rights in light of the provisions of GATT/WTO Law. Part III analyzes the elements of the EU provisions on exhaustion of trademark rights (Articles 7 of Directive 2008/95/EC and 13 of Regulation (EC) 207/2009) and some specific issues relating to the application of these provisions. Part IV presents the regimes of exhaustion of trademark rights recognized in the European Union’s current ten most significant trading partners. The book is the first legal study to welcome, in light of economic analysis, the approach adopted by GATT/WTO law and EU law to the question of the geographical scope of the exhaustion of the trademark rights rule. It includes all the case law developed on an international level on the issue of the legality of parallel imports of trademarked goods and a comprehensive overview of the scientific literature concerning the phenomenon of parallel imports in general and the legality of parallel imports of trademarked goods. All the views expressed in the book are based on the European Court of Justice’s most recent case law and that of the courts of the most important trading partners of the European Union.
Download or read book The Parallel Importation of Trade Mark Protected Goods Under European Union Law written by and published by . This book was released on 2001 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ideal standard written by Hans Muhlberg and published by . This book was released on 1995 with total page 1 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Research Handbook on Intellectual Property Exhaustion and Parallel Imports written by Irene Calboli and published by Edward Elgar Publishing. This book was released on 2016-06-24 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Americas to the European Union, Asia-Pacific and Africa, countries around the world are facing increased pressure to clarify the application of intellectual property exhaustion. This wide-ranging Research Handbook explores the questions that pose themselves as a result. Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the “Internet of things” redefined the concept of exhaustion in cyberspace? The Handbook offers insights to the challenges surrounding these questions and highlights how one answer does not fit all.
Download or read book The Parallel Importation of Trade marked Pharmaceuticals Within the European Union written by Despina Samara and published by . This book was released on 2005 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this thesis is to shed light into pharmaceutical regulation and trade-mark jurisprudence concerning parallel imports of pharmaceuticals. What is different about the present discussion on trade-marked goods is that it deals with "special goods", that is, pharmaceutical products. The special characteristics of the products under consideration are emphasised throughout this thesis with an extensive analysis of pharmaceutical regulation relating to pricing and reimbursement, marketing, packaging, labelling and naming requirements for medicines in the EU. Owing to pharmaceutical regulation's only partially harmonised nature, there is no common market for Pharmaceuticals in the EU as yet. -- The present analysis focuses on both pharmaceutical regulation and trade-mark jurisprudence on parallel-imported pharmaceuticals in order to examine how the two regimes have developed through the years in relation to pharmaceutical parallel imports. In a sense, this thesis is an examination of the legal responses to five strategies used by pharmaceutical companies to prevent parallel importation: (i) reliance on national trade-mark rights; (ii) reliance on the guarantee function of trade marks to prevent repackaging; (iii) use of different names for the same medicine; (iv) use of contractual terms in the distribution system; and (v) refusal to supply. -- The analysis shows that even if pharmaceutical regulation and trademark jurisprudence operate under different mandates-the first, to protect public health (public law concerns) and the second, to safeguard the interests of trademark owners (private law considerations)-they have developed in parallel and have been influenced by each other. In effect, the recent reform of pharmaceutical regulation means that repackaging, relabelling and rebranding practices will become less and less necessary, and hence likely, in the future.
Download or read book Parallel Trade in Europe written by Christopher Stothers and published by Hart Publishing. This book was released on 2007-04-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shortlisted for the 2008 Young Authors Inner Temple Book Prize Are parallel importers the key to free trade, breaking down long-established national barriers for the benefit of all? Or do they instead just operate in a dubious 'grey market' for their own profit, free-loading on the investment of innovators and brand owners to the ultimate detriment of everyone? Parallel trade is in turn lionised and demonised, both in legal commentary and in the mainstream press. As one might expect, the truth lies somewhere between these extremes. Once goods have been manufactured they are put onto the market in one country by the manufacturer. Parallel trade occurs when the goods are subsequently transferred to a second country by another party (the parallel trader, who may be the end consumer). The distinguishing feature of parallel trade is that the manufacturer did not intend those particular goods to end up in the second country. The goods are normally described in that country as 'parallel imports' or 'grey market goods'. The latter term is generally used to suggest that the trade, while not exactly 'black market', is not entirely lawful either. Understanding how European Community law operates to permit or restrict parallel trade involves exploring a complex matrix of rules from the fields of free movement, intellectual property, competition and regulatory law, including both private and public enforcement regimes. Where goods are parallel imported from outside the Community these rules change and new considerations come into play, such as obligations arising from the European Economic Area, the World Trade Organization and bilateral free trade agreements. The experience of Europe, which has grappled with the issues on a regional basis for more than four decades, provides a fertile source for examination of parallel trade in other jurisdictions. Christopher Stothers' comprehensive treatment successfully analyses this difficult topic, considering both Community and national decisions.
Download or read book Regulated Arbitrage and Parallel Importation of Trademarked Pharmaceuticals in the European Union written by Patrick Spaulding Ryan PhD and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The pharmaceutical market in Europe, in its present circumstances, is not organized according to the principles of free trade to which other products are subjected. Under this situation, the owners of trade-marks have tried to develop price and market strategies consistent with their interests and with their commercial plans. This article (written in Spanish) examines the adjustment of conflicts of interests that have developed between protectionism and free trade within the pharmaceutical sector, which includes matters related to economic policies and legal regulation. The author analyzes the Act on Intellectual Property of the European Union and studies the rights of those who own a trade-mark, seeking to avoid the re-labeling of parallel importers.
Download or read book Parallel Imports of Trademarked Goods written by Lech Gilicinski and published by . This book was released on 1996 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Parallel Imports written by Michele Giannino and published by . This book was released on 2018 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clarifying what was a controversial point of law, in Mitsubishi v Duma the Court of Justice of the European Union hold that a parallel importer that, without the consent of the proprietor, removes from products placed in the custom warehouse the original trademark affixed by the manufacturer and replace them with its own signs with the intention to put the goods for the first time in the EEA markets infringes the trademark rights of the manufacturer. This judgment is expected to reinforce the position of trademark proprietors allowing them to enforce their trademark rights even when before the trademarked goods are effectively marketed in the EEA and when no use of such mark exists.
Download or read book Vertical Price Control and Parallel Imports written by Keith Eugene Maskus and published by World Bank Publications. This book was released on 2000 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: Parallel imports are genuine products brought into a country without the authorization of the copyright, patent, or trademark owner. Countries vary considerably in their legal treatment of parallel imports, as determined by their choice of exhaustion doctrine. A new model analyzes parallel imports a a response to vertical pricing arrangements between a rights holder ("manufacturer") and a foreign distributor.
Download or read book Pharmaceutical Parallel Trade in the UK written by Panos Kanavos and published by Basic Civitas Books. This book was released on 2005-01-01 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Parallel Imports in Asia written by Christopher Heath and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the absence of international rules governing parallel imports and exhaustion of intellectual property rights, issues arising in this context are left to the individual countries concerned. Asian countries, although generally more open towards parallel imports than Europe or the U.S., show marked differences both among their individual approaches and among the various intellectual property rights in question. Increasingly, permitting or blocking parallel imports of intellectually protected goods is regarded as a political decision to accommodate foreign pressure, domestic consumers, or right holders. Due to the diversity of legal regimes in the jurisdictions covered, reliable information on the regimes of parallel imports in Asia has been hard to come by. Now, Parallel Imports in Asia brings together the insight and experience of fourteen academics and practitioners in this specialized but highly significant field, each highly respected in his or her particular country. Two concise introductory chapters clearly present the economic and legal foundations of the subject matter. Then, thirteen chapters offer in-depth analysis of exhaustion of intellectual property rights and parallel imports for each of twelve Asian jurisdictions-China, Taiwan, Japan, Korea, Vietnam, Thailand, Indonesia, The Philippines, Malaysia, Singapore, Hong Kong, and India-plus the Australasian bloc. With this book, businesses in all of these countries-and in particular India and the Australasian countries-can assess the strength of their IP rights against parallel importation in other parts of Asia. All country reports are written in a uniform structure and take into account legal, political and economic considerations with respect to the parallel importation of patented, trademarked and copyrighted goods. A useful appendix provides a synoptical overview on the rules of parallel importation in Asia. While academics will find here a thought-provoking survey of an important but relatively unstudied area of intellectual property law, Parallel Imports in Asia will prove to be of greatest value to potential investors in Asia, particularly with regard to market separation and licensing agreements. It will also help practicing lawyers for globally operating companies to appropriately counsel their clients in this area of business decision making.
Download or read book Customs Law of the European Union written by Massimo Fabio and published by Kluwer Law International B.V.. This book was released on 2020-03-12 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, global competition obliges companies dealing in international trade to modernize their procedures of delivery in order to minimize the customs burden and simplify the relation with customs authorities. Customs planning is the current option to be effective in the worldwide marketplace. However, customs officials are facing new challenges: they must ensure the smooth flow of trade while applying necessary controls on the one hand, while protecting the health and safety of the Community's citizens on the other. To achieve and maintain the correct balance between these demands, control methods are constantly evolving raising major challenges to those charged with planning and compliance. This book is a highly practical work dealing with the ins and outs of European Union (EU) customs law. Cases of study, jurisprudence and comparative law support the analysis of the different legal tools. The consolidated principles ruling the transactions within WTO Member States applied in EU law offer the readers the opportunity to understand how customs rules can be applied in any customs jurisdiction. Authored by an international tax lawyer with extensive experience enforcing EU customs law as a former member of Italy’s financial police, this handy resource is designed to help the reader stay in compliance with the laws controlling EU importing and exporting while structuring transactions in a business-friendly manner. “This book is a reference work in the customs law field. It deals thoroughly and practically with all the matters that a customs law practitioner would need to know. This book works well both for beginners and experts, since both will find needed information and insight in it.” EU Law Live – Book Review by Darya Budova, Senior Associate, Uría Menéndez
