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Books > Law > International law > Public international law > International economic & trade law
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Trade Marks and Free Trade - A Global Analysis (Hardcover, 2014 ed.)
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Trade Marks and Free Trade - A Global Analysis (Hardcover, 2014 ed.)
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Total price: R3,746
Discovery Miles: 37 460
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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.
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