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Book
Trade Marks and Free Trade : A Global Analysis
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ISBN: 3319047957 3319047949 Year: 2014 Publisher: Cham : Springer International Publishing : Imprint: Springer,

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Abstract

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.

Keywords

Trademarks (International law) --- Trade-marks (International law) --- International law --- International economics. --- Mass media --- European Law. --- International Economic Law, Trade Law. --- International Economics. --- IT Law, Media Law, Intellectual Property. --- Private International Law, International & Foreign Law, Comparative Law . --- Law and legislation. --- Economic policy, Foreign --- Economic relations, Foreign --- Economics, International --- Foreign economic policy --- Foreign economic relations --- Interdependence of nations --- International economic policy --- International economics --- New international economic order --- Economic policy --- International relations --- Economic sanctions --- Law—Europe. --- International law. --- Trade. --- Mass media. --- Law. --- Private international law. --- Conflict of laws. --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Mass communication --- Media, Mass --- Media, The --- Communication --- Law of nations --- Nations, Law of --- Public international law --- Civil law --- World Trade Organization. --- Europäische Union. --- Organisation mondiale du commerce --- World Trade Organisation --- WTO --- Welthandelsorganisation --- Organización Mundial de Comercio --- OMC --- Vsemirnaja torgovaja organizacija --- VTO --- Sāzmān-i Tiǧārat-i Ǧahānī --- Shijie-Maoyi-Zuzh --- Organización Mundial del Comercio --- Vsemirnaja Torgovaja Organizacija --- Welthandel --- Internationale Organisation --- Genf --- GATT 1994 --- General Agreement on Tariffs and Trade --- 01.01.1995 --- -Europäische Union. --- Organización Mundial de Comercio --- Sāzmān-i Tiǧārat-i Ǧahānī --- Organización Mundial del Comercio --- International economic relations.

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