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"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."--Bloomsbury Publishing.
Competition, Unfair --- Gray market --- Industrial property --- Restraint of trade --- Law and legislation
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Merchandise licensing --- Licences d'exploitation --- Periodicals. --- Périodiques --- License agreements --- License agreements. --- Business, Economy and Management --- Trade and Commerce --- Law, General & Comparative --- Agreements, Licensing --- Intellectual property licenses --- Joint-venture agreements --- Licensing agreements --- Contracts --- Industrial property --- Intangible property --- Licenses --- Law and legislation
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This book explains the principles of research and development (R&D) management in an environment which is open to external sources of technology. Organisations no longer undertake all of their R&D in-house. Increasingly, companies innovate by using a combination of R&D and externally sourced technologies. R&D and Licensing shows how to integrate these into the product and process development programme, and provides extensive guidance on intellectual property, licensing and royalty negotiations. The book demonstrates how companies increase their value through the acquisition of intellectual ass
Research, Industrial. --- License agreements. --- Agreements, Licensing --- Intellectual property licenses --- Joint-venture agreements --- License agreements --- Licensing agreements --- Contracts --- Industrial property --- Intangible property --- Licenses --- Contract research --- Industrial research --- Research --- Engineering experiment stations --- Inventions --- Technological innovations --- Law and legislation
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In the debate on the enforcement of competition law, many take the view that Europe should avoid the traps US law has fallen into by admitting excessive litigation. European law should not pave the way for judicial proceedings which ultimately serve the interests of lawyers or other agents rather than injured parties. This inquiry describes the state of remedies in competition law in fifteen European countries, analyses the underlying determinants, and proposes ways of improving the enforcement of competition law. The International and European legal frameworks are presented, as is the approach of US-American law. It is argued that efforts to strengthen private enforcement of antitrust law should benefit from the rich European experience in unfair competition law. The divergence between the two fields of law is not so huge that a completely different treatment is justified. Thus, a specifically European way of competition law enforcement could be developed.
Antitrust law --- Competition, Unfair --- Competition --- Competition law --- Fair trade --- Unfair competition --- Unfair trade practices --- Commercial crimes --- Commercial law --- Industrial property --- Torts --- Advertising laws --- Anti-trust law --- Trusts, Industrial --- Trade regulation --- Law and legislation --- Law --- General and Others
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Industrial and intellectual property --- Economic law --- Commercial law --- European Union --- Gray market --- Industrial property --- Competition, Unfair --- Restraint of trade --- Marché gris --- Propriété industrielle --- Concurrence déloyale --- Concurrence --- Law and legislation --- Droit --- Restrictions --- Marché gris --- Propriété industrielle --- Concurrence déloyale --- Commercial property rights --- Proprietary rights --- Rights, Proprietary --- Intellectual property --- Grey market --- Parallel importation --- Markets --- Marketing channels --- Gray market - Law and legislation - European Union countries --- Industrial property - European Union countries --- Competition, Unfair - European Union countries --- Restraint of trade - European Union countries
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Why does society allow, or even encourage, private appropriation of inventions? When do patents encourage competition, when do they hamper it? How should society design the compromise between the interest of the inventor and the interest of the users of patented inventions? How should the patent system adapt to new technological areas? These questions and many more are addressed by the authors in this groundbreaking analysis of the economics behind the European patent system.Beginning with the history and principles of the patent system, the book then examines the economic effects of patenting
Economic analysis of law --- Industrial and intellectual property --- Europe --- Patents --- Brevets d'invention --- Economic aspects --- Aspect économique --- Electronic books. -- local. --- Industrial property -- Europe. --- Patents -- Economic aspects -- Europe. --- Technology - General --- Engineering & Applied Sciences --- 347.77 EU --- Industrieel eigendomsrecht. Commercieel eigendomsrecht. Geestelijk eigendomsrecht--EU --- 347.77 EU Industrieel eigendomsrecht. Commercieel eigendomsrecht. Geestelijk eigendomsrecht--EU --- Industrial property --- Aspect économique --- Commercial property rights --- Proprietary rights --- Rights, Proprietary --- Law and legislation --- Intangible property --- Intellectual property --- Patents - Economic aspects - Europe. --- Patents - Economic aspects - Europe
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Patent laws and legislation --- Brevets d'invention --- Congresses --- Droit --- Congrès --- 346.0486 --- La2 --- Law, Patent --- Scientific property --- Octrooirecht. Brevet. Know-how --- 347.771 Octrooirecht. Brevet. Know-how --- BPB0804 --- 347.771 --- Patents --- Industrial laws and legislation --- Industrial property --- Trade regulation --- Copyright --- Law and legislation --- Industrial and intellectual property --- Biotechnology --- Software --- Acqui 2006 --- BREVETS D'INVENTION --- Biotechnologie --- Droit d'auteur --- Logiciels
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Hauptbeschreibung Wissen wird im (unternehmerischen) Wettbewerb zunehmend zur entscheidenden Ressource. Zunehmend dominiert der Wettbewerb um neue Märkte statt derjenige innerhalb einer gegebenen Marktumgebung. Ausdruck dieser Tendenz ist nicht zuletzt, dass immaterielle Schutzrechte geistigen Eigentums - allen voran die steigende Zahl der erteilten Patente - für die Unternehmen ständig wichtiger werden, um sich im Wettbewerb zu behaupten. In dem Maße wie jedoch die Bedeutung des ""Geistigen Eigentums"" steigt, nimmt auch die Gefahr zu, dass die damit verbundenen Ausschlussrechte zu
Competition, Unfair. --- Intellectual property. --- Intellectual property (International law) --- International law --- Intellectual property --- IP (Intellectual property) --- Proprietary rights --- Rights, Proprietary --- Intangible property --- Competition --- Competition, Unfair --- Competition law --- Fair trade --- Unfair competition --- Unfair trade practices --- Commercial crimes --- Commercial law --- Industrial property --- Torts --- Advertising laws --- Law and legislation
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