Parallel imports have been treated very differently in different countries. In the EU, competition law's very strong (per se) prohibition of restrictions to parallel imports (PI) can be justified by traditional "public interest" concerns related to the EU's objective to promote free trade and...

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...

Using data from Taiwan's Yahoo! auctions of Nikon cameras, this paper investigates whether there exists any difference in transaction results between commodities which are sold by authorized sellers and those which are parallel imports. We find that the parallel imports and the authorized...

In intellectual property law, “exhaustion” refers to the extinction of the entitlement to prevent the further sale of a product once the product has been put on the market. Developing such a limitation becomes necessary in order to reconcile the exclusivity granted under intellectual...

This Chapter addresses the topic of intellectual property (IP) exhaustion in the context of the parallel trade of pharmaceuticals. These imports, which are controversial in general, are more complex with respect to pharmaceuticals, which require additional marketing and import authorizations....

India's amendment to her patent regime in 2005 to introduce pharmaceutical product patents attracted unprecedented attention, both domestically and globally. While multinational pharmaceutical companies were concerned that the Act withered away their exclusive rights, civil society activists...

Study of trade-related aspects of intellectual property rights (TRIPS) has formed an integral part of the work program of the Committee on International Trade Law of the International Law Association (ILA) since its inaugural meeting at the headquarters of the GATT in 1993. In June 1995 in...

The Trademarks Act, 1999 through Section 30 contain specific provisions dealing with the exhaustion of rights, the courts have granted injunctions preventing parallel imports of trademark goods. A common feature of these suits have been not the violation of the Trademark Act but the allegation...