Download or read book Parallel Imports of Pharmaceuticals written by Cédric Julien Poget and published by Springer Science & Business Media. This book was released on 2007-12-20 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: Parallel trade occurs if international price differences for identical products are high and a policy of regional or international exhaustion of the respective property right has been implemented in the high price country. The work by C. Poget analyses how parallel imports of pharmaceuticals are affecting end consumer prices and drug expenditures in three Scandinavian countries, Sweden, Denmark and Norway. Based on his observations he derives proposals for policy reforms in EU member countries and Switzerland.
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 Parallel Trade in Europe written by Christopher Stothers and published by Bloomsbury Publishing. This book was released on 2007-04-02 with total page 526 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 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 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 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 Gray Market Imports written by United States. Congress. Senate. Committee on Finance. Subcommittee on International Trade and published by . This book was released on 1987 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Vertical Price Control and Parallel Imports written by Keith E. Maskus and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paper analyzes parallel imports, or goods traded without the authorization of a trademark owner. Parallel imports have multiple causes, including vertical price control, which the authors model. A manufacturer selling its product through an independent agent sets the wholesale price sufficiently low to induce a desired retail price abroad. This permits the agent to sell the product profitably in the originating market. Combined social surplus decreases and then increases in the cost of parallel trade. Restricting parallel imports benefits the manufacturer, but could raise or reduce global surplus. The econometric analysis indicates that the vertical-control explanation of parallel imports is important.
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 Test Tubes for Global Intellectual Property Issues written by Susy Frankel and published by Cambridge University Press. This book was released on 2015-07-02 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Small market economies provide a valuable insight into how a country might balance competing interests in global intellectual property. As developed countries that are also net-importers of intellectual property, small market economies have similar concerns to some developing countries. This duality of developed and developing country interests has resulted in some innovative ways of calibrating laws so that they both support national economic and social needs and honour international commitments. In this book, Susy Frankel uses examples from the small market economies of Singapore, New Zealand and Israel to address global intellectual property issues. Those issues include approaching treaty interpretation to both assist in implementation of obligations and utilisation of flexibilities, and effective dispute resolution; the links between trade and innovation; when and how patent and copyright law can be flexible; the importance of trade marks to small businesses; parallel importing; and the protection of traditional knowledge.
Download or read book Private Rights and Public Problems written by Keith Eugene Maskus and published by Peterson Institute. This book was released on 2012 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consumers constantly confront intellectual property rights (IPRs) every day, from their morning cup of Starbucks coffee to the Intel chip on their computer at work. Intellectual property rights help protect creative inventions in the form of trademarks, copyrights, and patents. Despite legal protection, many goods--including music and video files--are easily copied or shared, which affects industries, innovators, and customers. In his follow-up to one of the most popular PIIE titles of all time, Keith Maskus looks at the expansion of private legal rights into international trade markets, not only for technological items but also for international public goods like vaccines and prescription drugs. Private Rights and Public Problems assesses IPR issues for users, producers, and innovators and the difficulty of establishing an international policy regime that governs IPRs in all markets. Post-industrial countries have preferential terms for licensing and selling products, in part because they develop more global brands and products. Maskus observes that in these countries the primacy of private property raises contentious international debate between innovation owners in rich countries and followers and users in emerging and poor countries. Maskus explores if increased privacy regulations limit innovation and pose artificial and real barriers, such as decreased information accessibility and increased cost. This book addresses a fundamental issue: should basic scientific and technological knowledge be commoditized? In this guide to the current global impact of IPRs, the author analyzes the economic contribution of IPRs underlying features: innovation and access to international technologies.
Download or read book The Interface Between Intellectual Property Rights and Competition Policy written by Steven D. Anderman and published by Cambridge University Press. This book was released on 2007-05-10 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to examine the experience of a number of countries in grappling with the problems of reconciling the two fields of competition policy and intellectual property rights. The first part of the book indicates the variation in legislative models as well as the wide variety of judicial and administrative doctrines that have been used. The jurisdictions selected for study are the three major trading blocks with the longest experience of case law (the EU, the USA and Japan) and three less populous countries with open economies (Australia, Ireland and Singapore). In the second part of the book we look at a number of issues closely related to the interface between competition law and intellectual property rights. Separate chapters analyse the issue of parallel trading and exhaustion of IPRs, the issue of technology transfer, and the economics of the interface between intellectual property and competition law.
Download or read book Copyright Law and the Information Society in Asia written by Christopher Heath and published by Bloomsbury Publishing. This book was released on 2006-12-21 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book takes a look at the six most important current topics arising from copyright law in the information society, and for each topic provides an in-depth introduction that compares the approaches taken in Europe and the US. Each topic is introduced by an expert, and the issues are then analysed in separate country reports representing nine Asian jurisdictions: China, Taiwan, Hong Kong, Japan, Korea, Singapore, Malaysia, Thailand and the Philippines. The six topics are: The Expansion of Copyright Law and its Social Justification: Introduction by Reto Hilty, Max Planck Institute, Munich Internet Trade, Digital Works and Parallel Imports: Introduction by Christopher Heath, European Patent Office, Munich The Collective Exercise of Copyrights: Introduction by Kung Chung Liu, Academia Sinica, Taiwan The Law on Anti-Circumvention and Digital Rights Management: Introduction by Andy Sun, National Chenchi University, Taipei, Taiwan and Zhi Wei, Peking University, Beijing Copyright Contracts, Public Policy and Antitrust: Introduction by Estelle Derclaye, Queen Mary University of London Contributory and Vicarious Liability for Copyright Infringement: Introduction by Andy Sun, National Chenchi University, Taipei, Taiwan
Download or read book Intellectual Property at the Crossroads of Trade written by J. Rosen and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property Law at the Crossroads of Trade focuses on the elements of intellectual property that impact on trade and competition. The book comprises thoughtful contributions on varying commercial aspects of IP, from parallel imports of pharmaceuticals to exhaustion of rights, and from trade in goods of cultural heritage to regulation of goods in transit. There is detailed discussion of licensing, including cross-border elements, online licensing, and the potential for harmonisation in Europe. This precedes a multi-layered analysis of the Anti-counterfeiting Trade Agreement. This stimulating collection of work will have strong appeal to academics and researchers interested in some of the most pressing issues in intellectual property law, as well as all those with an interest in the intersection of trade and IP.
Download or read book Annotated Leading Trademark Cases in Major Asian Jurisdictions written by Kung-Chung Liu and published by Routledge. This book was released on 2019-10-08 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been little or no study on trademark laws in Asia on a cross-jurisdictional level. This book aims at filling the existing gap and provides a comprehensive overview of trademark laws of eight major Asian jurisdictions and their most-updated trademark case law. The book analyses six of the principal issues that best reflect Asian features in trademark law and trademark development. The cases in the book are principally the most authoritative decisions, usually the first to deal with certain new emerging issues, or the first to apply particular statutory provisions in the respective jurisdiction. Also included are a small number of direction-changing, outlying or even controversial decisions. Each case report is divided into six sections: summary, legal context, facts, reasoning of the court, legal analysis, and commercial or industrial significance. Readers will find this book useful in both its overview of the legal context and how those cases are to be interpreted legally and commercially.
Download or read book Trade Related Aspects of Intellectual Property Rights written by Carlos Correa and published by Oxford University Press. This book was released on 2020-07-23 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: The TRIPS Agreement is the most comprehensive and influential international treaty on intellectual property rights. It brings intellectual property rules into the framework of the World Trade Organization, obliging all WTO Member States to meet minimum standards of intellectual property protection and enforcement. This has required massive changes in some national laws, particularly in developing countries. This volume provides a detailed legal analysis of the provisions of the TRIPS Agreement, as well as elements to consider their economic implications in different legal and socio-economic contexts. This book provides an in depth analysis of the principles and of the substantive and enforcement provisions of the TRIPS Agreement, the most influential international treaty on intellectual property currently in force. It discusses the legal context in which the Agreement was negotiated, the objectives of their proponents and the nature of the obligations it created for the members of the World Trade Organization. In particular, it examines the minimum standards that must be implemented with regard to patents, trademarks, industrial designs, geographical indications, copyright and related rights, integrated circuits, trade-secrets and test data for pharmaceutical and agrochemical products. Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement elaborates on the interpretation of provisions contained in said Agreement, in the light of the customary principles for the interpretation of international law. The analysis -which is supported by a review of the relevant GATT and WTO jurisprudence- identifies the policy space left to such members to implement their obligations in accordance with their own legal systems and public policy objectives, including in respect of complex issues such as patentability criteria, compulsory licenses, exceptions and limitations to copyright, border measures, injunctive relief and the protection of test data under the discipline of unfair competition.
