The Legal And Economic Aspects Of Gray Market Goods
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The Legal And Economic Aspects Of Gray Market Goods
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Author : Seth Lipner
language : en
Publisher: Praeger
Release Date : 1990
The Legal And Economic Aspects Of Gray Market Goods written by Seth Lipner and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Business & Economics categories.
The first comprehensive work on the subject, this volume covers all the legal and economic issues raised by gray market goods--genuine trademarked goods manufactured with the authority of the trademark owner but imported without that entity's permission. Seth Lipner analyzes in detail the relevant judicial decisions, administrative actions, and legislation and provides a thorough discussion of the trademark law, copyright, antitrust, customs practice, and fraud issues involved in the importation of gray market goods. Designed to help both the legal and business communities understand and evaluate gray market situations, the book is written with a minimum of legal jargon and contains a supplement of relevant statutes and governmental regulations. The author also provides realistic projections about the future viability of gray market goods. Following an introductory chapter that explores the business and economics of the gray market, Professor Lipner reviews a number of early gray market cases. Subsequent chapters address specific issues raised by gray market activities and litigation. The chapter on trademarks includes in-depth discussion of such topics as proving local goodwill, injury and the gray market, and the single international enterprise disqualification. Turning to antitrust issues, Professor Lipner covers the history of vertical restraints, antitrust law and the gray market, and specific cases. The succeeding chapters examine, in turn, customs service policies vis-a-vis gray market goods, the question of title, and copyright law and the gray market. The final section examines the effects of state laws, the International Trade Commission, and how the laws of foreign countries affect gray market trade in the United States. Discussion of cases is included throughout to illustrate points made in the text. Attorneys involved in international trade practice as well as importers, trademark owners, and licensees will find this book an indispensable guide to the business and litigation of controversies over gray market goods.
The Legal And Economic Aspects Of Gray Market Goods
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Author : Seth Lipner
language : en
Publisher: Greenwood Publishing Group
Release Date : 1990
The Legal And Economic Aspects Of Gray Market Goods written by Seth Lipner and has been published by Greenwood Publishing Group this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Business & Economics categories.
The first comprehensive work on the subject, this volume covers all the legal and economic issues raised by gray market goods--genuine trademarked goods manufactured with the authority of the trademark owner but imported without that entity's permission. Seth Lipner analyzes in detail the relevant judicial decisions, administrative actions, and legislation and provides a thorough discussion of the trademark law, copyright, antitrust, customs practice, and fraud issues involved in the importation of gray market goods. Designed to help both the legal and business communities understand and evaluate gray market situations, the book is written with a minimum of legal jargon and contains a supplement of relevant statutes and governmental regulations. The author also provides realistic projections about the future viability of gray market goods. Following an introductory chapter that explores the business and economics of the gray market, Professor Lipner reviews a number of early gray market cases. Subsequent chapters address specific issues raised by gray market activities and litigation. The chapter on trademarks includes in-depth discussion of such topics as proving local goodwill, injury and the gray market, and the single international enterprise disqualification. Turning to antitrust issues, Professor Lipner covers the history of vertical restraints, antitrust law and the gray market, and specific cases. The succeeding chapters examine, in turn, customs service policies vis-a-vis gray market goods, the question of title, and copyright law and the gray market. The final section examines the effects of state laws, the International Trade Commission, and how the laws of foreign countries affect gray market trade in the United States. Discussion of cases is included throughout to illustrate points made in the text. Attorneys involved in international trade practice as well as importers, trademark owners, and licensees will find this book an indispensable guide to the business and litigation of controversies over gray market goods.
Crime In Business Grey Market Products And Eu Legislation
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Author : Marta Agnieszka Marciniak
language : en
Publisher: GRIN Verlag
Release Date : 2003-08-05
Crime In Business Grey Market Products And Eu Legislation written by Marta Agnieszka Marciniak and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-08-05 with Business & Economics categories.
Seminar paper from the year 2002 in the subject Business economics - Law, grade: Good, Vienna University of Economics and Business (Institute for Business English), 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.
The Graying Of The American Manufacturing Economy
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Author : Joseph Karl Grant
language : en
Publisher:
Release Date : 2010
The Graying Of The American Manufacturing Economy written by Joseph Karl Grant and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
Ever wonder how you got that camera, television, or other product so cheap? The most likely answer is that it probably came from a “gray market” source. One of the most vexing and problematic areas of international trade for manufacturers has been “gray market” or “parallel importation.” In the United States alone, this problem costs American manufacturers billions of dollars each year. Generally speaking, “gray market” or parallel importation” occurs when a third party purchases “genuine” trademarked or copyrighted goods manufactured or distributed abroad, and imports and sells these goods in the United States without the consent of the American holder of the trademark or copyright. Gray market goods are distinguishable from black market goods (i.e. counterfeit or imitation goods), in that the United States trademark or copyright holder manufactures the goods or permits a foreign licensee to produce the goods according to established specifications. This Article examines the gray market, as it impacts American manufacturers, from three discrete legal perspectives: (1) trademark law, (2) customs law, and (3) copyright law. Further, this Article explores in depth the case law in the United States that has framed the gray market discussion over the years. Finally, this Article concludes by recommending that American manufacturers turn to tort law as a solution to their gray market issues. Specifically, this Article advocates for use of the tort of intentional interference with performance of contract by a third person as a means to combat the problem of gray market or parallel importation.
Gray Market Imports
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Author : Laura A. Clayton
language : en
Publisher:
Release Date : 1985
Gray Market Imports written by Laura A. Clayton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with International business enterprises categories.
Research Handbook On The Economics Of Intellectual Property Law
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Author : Ben Depoorter
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
Research Handbook On The Economics Of Intellectual Property Law written by Ben Depoorter and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.
Trade Marks And Free Trade
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Author : Lazaros G. Grigoriadis
language : en
Publisher: Springer
Release Date : 2014-05-06
Trade Marks And Free Trade written by Lazaros G. Grigoriadis and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-06 with Law categories.
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
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Author : The Late Donald deKieffer
language : en
Publisher: Oxford University Press
Release Date : 2010-03-31
Underground Economies And Illegal Imports written by The Late Donald deKieffer and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-31 with Law categories.
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
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Author : Olasupo Owoeye
language : en
Publisher: Routledge
Release Date : 2019-05-17
Intellectual Property And Access To Medicines In Africa written by Olasupo Owoeye and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-17 with Law categories.
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.
The Architecture Of Illegal Markets
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Author : Jens Beckert
language : en
Publisher: Oxford University Press
Release Date : 2017-07-26
The Architecture Of Illegal Markets written by Jens Beckert and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-26 with Business & Economics categories.
From illegal drugs, stolen artwork, and forged trademarks, to fraud in financial markets - the phenomenon of illegality in market exchanges is pervasive. Illegal markets have great economic significance, have relevant social and political consequences, and shape economic and political structures. Despite the importance of illegality in the economy, the field of economic sociology unquestioningly accepts the premise that the institutional structures and exchanges taking place in markets are law-abiding in nature. This volume makes a contribution to changing this. Questions that stand at the centre of the chapters are: What are the interfaces between legal and illegal markets? How do demand and supply in illegal markets interact? What role do criminal organizations play in illegal markets? What is the relationship between illegality and governments? Is illegality a phenomenon central to capitalism? Anchored in economic sociology, this book contributes to the analysis and understanding of market exchanges in conditions of illegality from a perspective that focuses on the social organization of markets. Offering both, theoretical reflections and case studies, the chapters assembled in the volume address the consequences of the illegal production, distribution, and consumption of products for the architecture of markets. It also focuses on the underlying causes and the political and social concerns stemming from the infringement of the law.