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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Competition law
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Parallel Trade in Europe - Intellectual Property, Competition and Regulatory Law (Hardcover, New)
Loot Price: R6,396
Discovery Miles 63 960
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Parallel Trade in Europe - Intellectual Property, Competition and Regulatory Law (Hardcover, New)
Expected to ship within 10 - 15 working days
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Total price: R6,416
Discovery Miles: 64 160
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Shortlisted for the 2008 Young Authors Inner Temple Book 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
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.
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