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Vol 21 No 10 Oct/Nov 2016

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Parallel Trade in Europe: Intellectual Property, Competition and Regulatory Law


ISBN13: 9781841134376
Published: April 2007
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £120.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Shortlisted for the Inner Temple Book Prize 2008: Young Authors' 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 turns 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, and is set to become the definitive work of reference in the field.

Subjects:
Competition Law, Intellectual Property Law
Contents:
1. INTRODUCTION
I. Trade
II. Parallel Trade
III. The European Community
IV. Policy Arguments

2. INTELLECTUAL PROPERTY RIGHTS
I. Scope of Intellectual Property Rights
II. Community Exhaustion
III. Advertising
IV. Repackaging
V. Other Grounds for Opposing Further Commercialisation
VI. Rights Which are not Subject to Exhaustion

3. COMPETITION LAW
I. Article 81: Anti-Competitive Agreements
II. Article 82: Abuse Of A Dominant Position
III. Restrictions On Services

4. REGULATION
I. Quotas and Import Licences
II. Taxation
III. Pharmaceuticals
IV. Pesticides
V. Motor Vehicles
VI. Labelling
VII. Unfair Competition And Consumer Protection

5. INTERNATIONAL ASPECTS
I. Intellectual Property Rights
II. Competition Law
III. Regulation
IV. International Treaties

Bibliography
Index.

Series: Inner Temple Book Prize 2008

Child Abuse: Law and Policy Across Boundaries ISBN 9780199571567
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The Arms Trade and International Law ISBN 9781841137469
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The Law and Economics of Article 82 EC ISBN 9781841135021
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