scholarly journals The Exclusive Rights of Licensees in Parallel Import Practices

Yuridika ◽  
2021 ◽  
Vol 36 (1) ◽  
pp. 57
Author(s):  
Edbert Seligshan Horman
Keyword(s):  
Competition Law ◽  
The Other ◽  
National Standard ◽  
Parallel Imports ◽  
Trademark Law ◽  
Parallel Import ◽  
Fair Competition ◽  
Parallel Importation ◽  
The Right ◽  
Exclusive Right

Parallel imports are one of the most interesting and unique phenomena of international trade. On one hand, it applies competition law, while on the other, trademark law and the customs law also apply in this activity. Parallel imports occur when genuine goods are imported in parallel (concurrently) to goods imported by a licensee. These parallel imports are then sold at a cheaper price than that of the  goods of the licensee. This parallel import activity is inconsistent with the exclusive rights that the licensee receives under the licensing agreement it makes with the owner of the trademark. This exclusive right is essentially monopolistic, entitling the licensee to prevent all parties with the commercial intention of selling the same or similar goods as their own. However, the right to monopoly is limited for the sake of a fair competition. The licensee can sue to get compensation in parallel importation base on unjust enrichment principle. Moreover, parallel importation can be inhabited by enforcing procedural and administration regarding import of goods such as, Indonesian national standard and label in bahasa

THE INFLUENCE OF FAIR COMPETITION ON THE MANAGEMENT OF PUBLIC UNDERTAKINGS

2013 ◽  
Vol 8 (1) ◽  
pp. 42-54
Author(s):  
Camille Carbonnaux
Keyword(s):  
A Priori ◽  
Practical Importance ◽  
Competition Law ◽  
Legal Aspects ◽  
The Other ◽  
Common Features ◽  
Fair Competition ◽  
Management Perspective ◽  
The Common ◽  
European Competition Law

Since the 1990s, European judicial and normative institutions have paid particular attention to the competitive practices of public undertakings. Consequently, their regime is governed by a significant number of rules pursuing objectives appearing, a priori, contradictory. In fact, public undertakings may experience difficulties in their management. In this context, an approach of public competition law through the prism of fair competition can be very useful. Regarding the uniformity of its judgment, fair competition appears as an objective capable of coordinating rules and overcoming their contradictions. It thereby offers a global and coherent reading plan of all the legal translations of the European competitive order being of some practical importance. In illuminating the common features of the different legal aspects of competition, we can easily switch from one to the other. It therefore makes the European approach to competition more accessible and understandable. Furthermore, and most importantly, it leads to identifying legal opportunities and threats in a cross-disciplinary way. So, from a “Law & Management” perspective, it appears to be a precious tool for the management of public undertakings. Key words: European competition law, public undertakings, fair competition, “Management & law”.

scholarly journals Archaeology in Greece, 1890—91

1891 ◽  
Vol 12 ◽  
pp. 385-397
Author(s):  
E. A. Gardner
Keyword(s):  
High Efficiency ◽  
The Other ◽  
Wide Spread ◽  
Other Hand ◽  
French School ◽  
Greek Government ◽  
The Right ◽  
Exclusive Right ◽  
The Village ◽  
Tedious Process

The season which is to be recorded in the following pages has been marked by a persevering and wide-spread activity, both on the part of the Greek Government and the Archaeological Society, and also among all the foreign schools established in Athens. This activity has been rewarded by results which are in many cases very interesting; but at the same time there are no discoveries to record so fortunate and brilliant as those which gave us last season the gold cups of Baphion or the great group by Damophon at Lycosura. One fact, however, is of higher importance than any single discovery. The long-postponed excavation of Delphi has at last been formally conceded to the French School. Those who have heard of the complicated negotiations which have been going on about this matter for the last few years may be surprised to hear that the original draft of the contract, which was published last spring, bears the date 1887. But it did not receive the Royal assent and so become law until 13/25 April, 1891. The chief features of the agreement, which follows the same lines as that made with the Germans about Olympia, are as follows. Right of compulsory expropriation is given, as in the case of roads and railways; all land thus acquired becomes the property of the Greek Government, as also do all antiquities of any kind which may be discovered. On the other hand the right of excavation is given to the French for ten years, and also the exclusive right of copying, photographing, and publishing all antiquities discovered for five years from the date of discovery in each case. The expropriation of the village of Castri is a difficult and tedious process; but it is to be hoped that work will actually begin upon the site of Delphi during the coming season. All will await its results with the highest interest, and with confidence that the French School, under the able direction of M. Homolle, will carry out the excavations with the same high efficiency that has marked its other undertakings.

scholarly journals Applying the rule of per se and rule of reason to assess the violation of the Competition Law by the IPRs owners

2020 ◽  
Vol 4 (2) ◽  
pp. First
Author(s):  
Bui Thi-Hang Nga
Keyword(s):  
Intellectual Property ◽  
Competitive Advantage ◽  
Market Power ◽  
Intellectual Property Rights ◽  
Competition Law ◽  
Rule Of Reason ◽  
Per Se ◽  
The Right ◽  
Exclusive Right ◽  
Monopoly Position

With the nature of practically irreplaceable and the monopoly of the protection documents, the law has given the intellectual property rights (IPRs) owner a competitive advantage, as well as a market power. As a result, to extent the market power and create a monopoly position to maximize profitability, IPRs owners tend to abuse IPRs to limit competition. Although the exclusive right to IPRs is a legal monopoly comes from protection documents, it does not mean that the owner has the right to abuse this monopoly to limit competition. This is because such behavior is not considered an exception under the Competition Law and shall be prohibited in case the satisfaction of provision violating conditions of the Competition Law. However, in order to balance the interests of related subjects, in assessment of the Competition Law violations of IPRs abuses, the laws of countries fully recognized and applied the rule of reason instead of per ser as Competition Law violations in general. The article aims to analyze and explain the purpose of the application of the rule of reason when assessing the violation of the Competition Law of IPRs owner and when using the per se, in respect of the legal monopoly of the IPRs subjects. The paper then provides proposals to complete the Vietnamese Competition Law which governs the abuse of IPRs owners.

Denmark (‘.dk’)

2015 ◽  
Author(s):  
Knud Wallberg
Keyword(s):  
Competition Law ◽  
Unfair Competition ◽  
The Other ◽  
Trademark Law ◽  
Unfair Competition Law

The provisions of the laws on the exclusive rights in commercial designations and unfair competition law protection of signs can be applied separately or alongside each other without difficulty. Actions based on infringements are frequently based both on unfair competition law rules and on the other provisions under trademark law.

scholarly journals PENGHAPUSAN PENDAFTARAN MEREK BERDASARKAN GUGATAN PIHAK KETIGA

2010 ◽  
Vol 10 (1) ◽  
Author(s):  
Agus Mardianto
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Third Party ◽  
Trademark Law ◽  
Registered Trademark ◽  
Good Intention ◽  
The Republic ◽  
The Right ◽  
Exclusive Right ◽  
Legal Consequences

The right of a trademark is an exclusive right granted by government. A registered trademark can be cancelled from the General List of Trademark. Cancellation of registration of a trademark can be claimed by a third party through a dispute to a Commercial Court based on article 61 paragraph (2) letter b of Trademark Law 2001. This research is aimed at studying the use of article 61 paragraph (2) letter b of Trademark Law 2001 as the base of dispute for cancelation of the registration of a trademark by a third party, and studying the legal consequences of a trademark cancelation. A qualitative juridicial normative method with descriptive analyses approaches was used to analyze secondary data derived from documents of decisions of Commercial Court of Central Jakarta Number 06/Merek/205/PN.Niaga.JKT.PST and documents of decisions of Supreme Court of the Republic of Indonesia Number 031K/N/HaKI2005. The result of the research showed that the application of article 61 paragraph (2) letter b of Trademark Law 2001 for the base of decision of the judges of Commercial Court of Central Jakarta was inappropritate. In judging at the use of a trademark, the judges only looked at the inconsistency of writtting styles or fonts or colours, but not taking into considerations of the purpose and intention of the parties that claimed the dispute. Cancelation of regitration of a trademark based on the dispute of a third party automatically resulted in the termination of legal protection of the related trademark.Keywords: trademark, cancelation of a trademark, third party, good intention, Commercial Court

scholarly journals IMPOR PARALEL DALAM HUKUM MEREK INDONESIA

Yuridika ◽  
2017 ◽  
Vol 30 (2) ◽  
pp. 201 ◽  
Author(s):  
Amirul Mohammad Nur
Keyword(s):  
Law Enforcement ◽  
Free Trade ◽  
Barriers To Entry ◽  
Trademark Law ◽  
Parallel Import ◽  
Market Participants ◽  
Parallel Importation ◽  
Trademark Protection ◽  
Free Movement Of Goods ◽  
License Holder

Free trade begins with free movement of goods, services, and persons which give chance of importing goods, services, and persons from overseas freely come to Indonesia. Genuine importation in the same goods in a different markets region, will creating it’s own market. The differences of jurisdiction territory and barriers to entry will give opportunity to market participants selling their imports products competitively. Parallel Importation occur when importers bring their genuine products, together with the Licensee (license holder) selling their genuine products competitively-cheaper, in the same time (parallel), with the selling genuine product by Trademark Owner. Trademark protection have important roles on parallel importation, good comprehension of Trademark exploration rights and protection for related parties will avert market participants from business loss. For law enforcement authorities also able to resolve parallel import disputes in a fair way and truly based on Trademark Law. 

scholarly journals International Experience of using Parallel Imports to Ensure the Accessibility of Drugs

2019 ◽  
Vol 8 (4S) ◽  
pp. 52-56
Keyword(s):  
International Trade ◽  
Intellectual Property ◽  
Parallel Imports ◽  
International Treaties ◽  
Parallel Import ◽  
Rights Protection ◽  
Fair Competition ◽  
Judicial Practice ◽  
Counterfeit Products ◽  
Trademark Use

The issue of IP rights protection of goods transferred through customs borders, in particular, medicinal products, became topical with the development of international trade. That is why there are many discussions on the parallel import and use of the rights expiration concept in the framework of modern integration processes. The article defines and discloses the features of the use of parallel import measures in the markets of original medicines and generics in different countries of the world and ways of ensuring fair competition in the specified markets; it also analyzes measures to stop anti-competitive behavior. The author also proves that parallel importing issues have not been properly resolved yet. Typically, parallel import matters are considered in terms of counterfeit products or the use of unfair competition in international trade. The problem of parallel imports is important not only in relation to a trademark use, but also in relation to the use of other types of intellectual property, inventions, etc. The approach of legislators and judicial practice to the prohibition or permission of parallel imports depends on the following factors: the ratio of interests of consumers of goods and intellectual property holders; commitments made in accordance with international treaties, both in the field of free trade (creation of a single market) and in the field of protection of intellectual property rights.

Influence of the Principle of Exhaustion of Exclusive Rights on the State of Competition in Commodity Markets

2021 ◽  
pp. 36-41
Author(s):  
R. Z. Saydashev
Keyword(s):  
Commodity Markets ◽  
The State ◽  
Point Of View ◽  
Parallel Imports ◽  
Parallel Import ◽  
Actual Application ◽  
Judicial Practice ◽  
Legal Nature ◽  
Exclusive Right ◽  
Legal Meaning

The article about the discussion on the legal meaning of the principle of exhaustion of the exclusive right to a trademark, including from the point of view of its impact on the state of competition in the commodity markets. The analysis of the legal nature of the principle of exhaustion of the exclusive right to a trademark is carried out, its essential and functional significance is determined. The actual application of this principle has been investigated, including practice of the Russian antimonopoly body in cases of unfair competition on the part of rightholders who prohibit the parallel import of their products. Studied judicial practice on the legality of parallel imports. The problem of the balance of interests of copyright holders, “parallel” importers and consumers is considered, the “pluses” and “minuses” of consolidation in the legislation of the national and regional principles of the exhaustion of the exclusive right to a trademark are assessed.

Assessment of knowledge of oral health hygiene among coastal guards in the port trust of south Tamil Nadu - A public health awareness survey

2020 ◽  
Vol 11 (SPL3) ◽  
pp. 1861-1868
Author(s):  
Bianca Princeton ◽  
Abilasha R ◽  
Preetha S
Keyword(s):  
Lung Cancer ◽  
Oral Health ◽  
Oral Hygiene ◽  
Tamil Nadu ◽  
Asbestos Exposure ◽  
The Other ◽  
Oral Manifestations ◽  
Illegal Activities ◽  
The Right ◽  
Oral Hygiene Habits

Oral hygiene is defined as the practice of keeping the mouth clean and healthy, by brushing and flossing to prevent the occurrence of any gum diseases like periodontitis or gingivitis. The main aim of oral health hygiene is to prevent the buildup of plaque, which is defined as a sticky film of bacteria and food formed on the teeth. The coastal guard is an official who is employed to watch the sea near a coast for ships that are in danger or involved with illegal activities. Coastal guards have high possibilities of being affected by mesothelioma or lung cancer due to asbestos exposure. So, a questionnaire consisting of 20 questions was created and circulated among a hundred participants who were coastal guards, through Google forms. The responses were recorded and tabulated in the form of bar graphs. Out of a hundred participants, 52.4% were not aware of the fact that coastal guards have high chances of developing lung cancer and Mesothelioma. 53.7% were aware of the other oral manifestations of lung cancer other than bleeding gums. Majority of the coastal guards feel that they are given enough information about dental hygiene protocols. Hence, to conclude, oral hygiene habits have to be elaborated using various tools in the right manner to ensure better health of teeth and gums.

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