The Impacts of Money-Back Guarantees in the Presence of Parallel Importation

2021 ◽  
Author(s):  
Yong Zhang ◽  
Sheng Hao Zhang ◽  
Haofang Feng
Keyword(s):  
Parallel Importation

14. Defences to trade mark infringement

2019 ◽  
pp. 320-360
Author(s):  
Stavroula Karapapa ◽  
Luke McDonagh
Keyword(s):  
Intellectual Property ◽  
Trade Mark ◽  
European Economic Area ◽  
European Economic ◽  
Trade Mark Infringement ◽  
Economic Area ◽  
Parallel Importation ◽  
Own Name ◽  
Scope Of Protection

This chapter looks at the various defences against trade mark infringement and the way in which the courts have interpreted them. A defendant's principal argument will be to deny that there has been any infringing conduct, and/or that what has been done is not within the scope of protection given to the registered mark. There are, however, a number of statutory defences. These defences span from the use of one's own name to a framework outlining the conditions of comparative advertisement and the role of exhaustion of rights as a defence to an action for trade mark infringement, including the ways in which the intellectual property owner can object to the parallel importation of non-European Economic Area (EEA) goods.

16. Trade Marks and the Free Movement Aspects of EU Law

2019 ◽  
pp. 414-433
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Subject Matter ◽  
Theoretical Perspective ◽  
Trade Mark ◽  
Free Movement ◽  
Specific Subject ◽  
Traded Goods ◽  
Parallel Importation ◽  
Practical Guidelines ◽  
Trade Mark Law ◽  
Essential Function

This chapter examines the interaction between trade mark law and the principles of free movement of goods in the EU. It discusses the concepts of essential function and specific subject matter which the CJEU uses to distinguish between what amounts to pro-competitive use of the trade mark, which the Treaty encourages, and anti-competitive abuse of the trade mark rights, which the Treaty prohibits. The essential function looks at this from a theoretical perspective, whilst the specific subject matter translates this in more practical guidelines. The chapter then turns cases and heated debates arising from parallel importation, which essentially focus on the relabelling and repackaging of parallel-traded goods.

41. Trade mark defences

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
Trade Mark ◽  
Comparative Advertising ◽  
Trade Marks ◽  
Intended Purpose ◽  
Parallel Importation ◽  
First Sale ◽  
Own Name ◽  
Scope Of Protection

This chapter is about the various defences that are available to a person who has been accused of infringing a trade mark under the Trade Marks Act 1994. A prominent limitation on the scope of protection, which operates defensively, is whether the defendant has made a legally relevant use of the mark. Besides this, the defendant is excused if the mark has been used (i) as the defendant’s own name or address, (ii) for descriptive purposes, or (iii) to indicate the intended purpose of a product or service. These threeuses are subject to a proviso testing for whether the use has been in accordance with honest practices in industrial and commercial matters. Additional defences facilitate comparative advertising and permit parallel importation via the exhaustion of the trade mark owner’s rights upon first sale.

Australian Music and the Parallel Importation Dedate

1999 ◽  
Vol 91 (1) ◽  
pp. 97-109 ◽  
Author(s):  
Shane Homan
Keyword(s):  
Music Industry ◽  
Cultural Citizenship ◽  
Recording Industry ◽  
Economic Nationalism ◽  
Consumer Sovereignty ◽  
Parallel Importation ◽  
Primary Means ◽  
Cultural Economies ◽  
Protecting Intellectual Property ◽  
Benefits And Costs

Despite vigorous protest from the local recording industry and musicians, the Australian federal government passed the Copyright Amendment Bill (No. 2) 1997 into law in June 1998. The Bill is designed to remove the neo-oligopolistic practices of the multinational recording companies, and reduce the prices of compact discs for local consumers. The music industry believes that the Bill removes the value of artists' copyright as the primary means of income and as a mechanism in identifying and protecting intellectual property. This article analyses the benefits and costs of the recent copyright changes, and the effects of consumer reform for local producers. It is argued that the music industry provides a rich site of tension in regard to global cultural economies, where notions of consumer sovereignty do not complement broader ideologies of cultural citizenship and economic nationalism.

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