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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...
Persistent link: https://www.econbiz.de/10012318071
The aim and objective of this paper is to look at the need of bringing in a policy shift under the present Copyright law in India to accommodate the concept of Parallel Imports, with a view to facilitate the right to access to knowledge more efficiently. This paper analyzes the role of Parallel...
Persistent link: https://www.econbiz.de/10014176023
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...
Persistent link: https://www.econbiz.de/10014182486
The issue of parallel imports with respect to the Indian Copyright Law involves an interplay of the three doctrines of distribution rights of the copyright owner, the hypothetical manufacture test and the divisibility of copyright. This article examines the statutory provisions involving these...
Persistent link: https://www.econbiz.de/10014182487
On 15 March 2014, the Centre for Intellectual Property and Information Law held its Spring Conference devoted to ‘Exhaustion without Exasperation: Intellectual Property, Parallel Imports and Border Measures’. The event was chaired by Mr Justice Arnold and considered the current state of...
Persistent link: https://www.econbiz.de/10014121873
The existence of parallel imports (PI) raises a number of interesting policy and strategic questions, which are the subject of this survey article. For example, parallel trade is essentially arbitrage within policy-integrated markets of IPR-protected goods, which may have different prices across...
Persistent link: https://www.econbiz.de/10014051167
China's accession to the World Trade Organization (WTO) and the conclusion of the Closer Economic Partnership Arrangement (CEPA) have aroused debates regarding the treatment of parallel imported goods in both Hong Kong and China. This article reviews the law and policy concerning parallel...
Persistent link: https://www.econbiz.de/10014056197
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...
Persistent link: https://www.econbiz.de/10014068137
We consider the welfare effect of parallel imports under the possibility of piracy, by constructing a model of the monopoly firm selling its product in a developed country and in a developing country. We show that parallel imports does not always make the firm worse off and consumers better off....
Persistent link: https://www.econbiz.de/10014068476
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...
Persistent link: https://www.econbiz.de/10014069778