Parallel Importation under European Union Law

Provides you with an in depth look into parallel importation -Explains the law relating to parallel imports, with particular emphasis on intellectual property giving you a detailed understanding of how the legislation, case law and regulations apply. -The book provides you with commentary, policy guidance, worked examples, case studies, summaries and checklists allowing for an easy examination of this area of law. -Covers every aspect of the complex laws relating to parallel imports -Explains the law relating to parallel imports, with particular emphasis on intellectual property giving you a detailed understanding of how the legislation, case law and regulations apply -Gives you details of how the law can be used to repel parallel imports and to facilitate them -Offers detailed strategies on how best to resolve conflicts helping you to increase clients' IP rights and apply EU competition laws properly -Gives you new guidance on using competition law as a shield against infringement actions -Explains free movement and market integration in the EU so you understand the trade conditions that allow parallel importation -Considers anti-competitive agreements showing you how and why these might exist and how to go about challenging them -Explains how parallel importation relates to royalty collecting societies and trade associations, automobile and film distribution -Discusses consent and the burden of proof after Davidoff and explains developments relating to how consent is given for extra-EU imports into the market New for the 2nd edition -Enhanced coverage of E-commerce in relation to collecting societies and the importing and trading of digital works so you are on top of this developing area -Covers over 75 new cases relating to parallel imports that have arisen since 2003 -Considers case law from the US, Australia and Japan so you can compare how EU law relates to the laws of other jurisdictions Table of contents: -Introduction -Free movement and market integration -Pharmaceuticals, relabelling, repackaging, and rebranding -Anticompetitive agreements -Abuses of dominant positions -Royalty collecting societies and trade associations, automobile and film distribution -Trade mark harmonisation and the exhaustion of rights -Davidoff, consent and the burden of proof -Copyrights, designs, patents, seeds and semiconductors -Conclusion Appendices -The EC treaty -First Council Directive -Council Regulation (EC) no. 40 /94 -National Legislation -Additional Community exhaustion of rights provisions