The Legal And Economic Aspects Of Gray Market Goods

Author: Seth E. Lipner
Editor: Greenwood Publishing Group
ISBN: 9780899304663
Size: 19,69 MB
Format: PDF, Mobi
Read: 239

This groundbreaking volume covers all the legal and economic issues raised by the controversy over gray market goods. Lipner analyzes in detail the relevant judicial decisions, administrative actions, and legislation, and provides a thorough discussion of how trademark, copyright, and antitrust law, customs practice, and fraud issues affect the importation of gray market goods. Designed to help both the legal and business communities to understand and evaluate gray market situations, the book is written with a minimum of legal jargon and contains a complete supplement of statutes and governmental regulations related to the gray market.

Trade Marks And Free Trade

Author: Lazaros Grigoriadis
Editor: Springer
ISBN: 3319047957
Size: 16,74 MB
Format: PDF, ePub, Docs
Read: 406

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.

Underground Economies And Illegal Imports

Author: Donald E. DeKieffer
Editor: Oxford University Press, USA
ISBN: 0195394887
Size: 12,19 MB
Format: PDF, ePub, Docs
Read: 404

Underground Economies and Illegal Imports: Business and Legal Strategies to Address Illegal Commerce is a unique resource for lawyers and their clients facing the chaotic landscape of illegal trade in the black and gray markets, where legal remedies are often unobtainable or impracticable. Donald E. deKieffer-a practitioner who has represented more than 60 Fortune 500 companies both in the US and abroad-provides clear descriptions of how international supply and distribution chains are attacked by clever and not-so-subtle thieves around the world. This book is also a helpful source of examples and instructions on how to prepare for these attacks, and the best remedies when they do occur. Underground Economies and Illegal Imports: Business and Legal Strategies to Address Illegal Commerce is a one-of-a-kind guide to the underside of international trade for businesses, law enforcement and policy-makers. The illicit dealers in legitimate (or not-so-legitimate) merchandise are often linked with transnational criminal elements and even terrorists. This book assists international traders in avoiding these problems, or ameliorating any effects.

The Law Of Unfair Competition Trademarks And Monopolies

Author: Rudolf Callmann
Size: 20,60 MB
Format: PDF
Read: 211

Crime In Business Grey Market Products And Eu Legislation

Author: Marta Agnieszka Marciniak
Editor: GRIN Verlag
ISBN: 363821043X
Size: 17,49 MB
Format: PDF, Mobi
Read: 322

Seminar paper from the year 2002 in the subject Business economics - Law, grade: Good, Vienna University of Economics and Business (Institute for Business English), 22 entries in the bibliography, language: English, abstract: In the following I will give a short and general overview of the existing gray markets (definition and conditions). Furthermore, I will focus on the pharmaceutical industry which I consider the most interesting, even if dangerous. After a short description of possible gray market activities in this industry within the European Union I will enumerate some of the most important measures and regulations that are being taken against this serious problem. Finally, I will mention the negative as well as possible positive effects of gray markets, on both the producer and the consumer. “Gray markets are significant as they now exceed $10 billion per year in North America and affect almost every major-trademarked product (Grenier, 1998). Gray markets are growing at more than 22 per cent annually (Lowe and McCrohan, 1988) and expect further growth as export operations increase (Myers, 1999).” When reading these lines one can presume that gray market activities are an inevitable result of the export of trade marked goods. Since exports are increasing steadily there are several attempts to restrain these semi-illegal activities.

Parallel Trade In Europe

Author: Christopher Stothers
Editor: Bloomsbury Publishing
ISBN: 1847313612
Size: 13,80 MB
Format: PDF, ePub, Docs
Read: 686

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.