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The Legal And Economic Aspects Of Gray Market Goods

Author: Seth E. Lipner
Publisher: Greenwood Publishing Group
ISBN: 9780899304663
Size: 19.65 MB
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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 G. Grigoriadis
Publisher: Springer
ISBN: 3319047957
Size: 70.57 MB
Format: PDF, Kindle
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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
Publisher: Oxford University Press, USA
ISBN: 0195394887
Size: 73.31 MB
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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.

Intellectual Property And Access To Medicines In Africa

Author: Olasupo Owoeye
Publisher: Routledge
ISBN: 0429799225
Size: 20.94 MB
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A major target of Goal 3 of the Sustainable Development Goals adopted by the United Nations in 2015 is the elimination of ‘the epidemics of AIDS, tuberculosis, malaria and neglected tropical diseases’ and combating ‘hepatitis, water-borne diseases and other communicable diseases’. Intellectual property (IP) has been identified as one of the factors impeding access to affordable medicines in developing countries, especially in relation to the HIV pandemic. This book examines the scope of the existing flexibilities in international IP law for promoting access to medicines. It analyses the factors accounting for the underutilisation of the flexibilities in Africa and the measures that African countries may adopt to address the IP barriers to access to medicines. It explores the regional strategies that Africa can adopt to resolve the tension between IP regimes and access to medicines. It also highlights how trade liberalisation and regional integration can play crucial roles in enhancing the use of TRIPS flexibilities, local pharmaceutical manufacturing and access to medicines in Africa. By adopting qualitative research methods to investigate how African countries may effectively use IP to serve public health purposes through the stratagem of regional integration, this book will be a valuable contribution to the existing literature on IP.

Intellectual Property And Information Wealth

Author: Peter K. Yu
Publisher: Greenwood Publishing Group
ISBN: 9780275988869
Size: 63.80 MB
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A multi-disciplinary introduction to emerging trends and issues in intellectual property and its impact on business, law, and society--from Napster to "open source," traditional media to electronic commerce, fair use to enforcement across borders.