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Book
Trade Marks and Free Trade : A Global Analysis
Author:
ISBN: 3319047957 3319047949 Year: 2014 Publisher: Cham : Springer International Publishing : Imprint: Springer,

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Abstract

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.

Keywords

Trademarks (International law) --- Trade-marks (International law) --- International law --- International economics. --- Mass media --- European Law. --- International Economic Law, Trade Law. --- International Economics. --- IT Law, Media Law, Intellectual Property. --- Private International Law, International & Foreign Law, Comparative Law . --- Law and legislation. --- Economic policy, Foreign --- Economic relations, Foreign --- Economics, International --- Foreign economic policy --- Foreign economic relations --- Interdependence of nations --- International economic policy --- International economics --- New international economic order --- Economic policy --- International relations --- Economic sanctions --- Law—Europe. --- International law. --- Trade. --- Mass media. --- Law. --- Private international law. --- Conflict of laws. --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Mass communication --- Media, Mass --- Media, The --- Communication --- Law of nations --- Nations, Law of --- Public international law --- Civil law --- World Trade Organization. --- Europäische Union. --- Organisation mondiale du commerce --- World Trade Organisation --- WTO --- Welthandelsorganisation --- Organización Mundial de Comercio --- OMC --- Vsemirnaja torgovaja organizacija --- VTO --- Sāzmān-i Tiǧārat-i Ǧahānī --- Shijie-Maoyi-Zuzh --- Organización Mundial del Comercio --- Vsemirnaja Torgovaja Organizacija --- Welthandel --- Internationale Organisation --- Genf --- GATT 1994 --- General Agreement on Tariffs and Trade --- 01.01.1995 --- -Europäische Union. --- Organización Mundial de Comercio --- Sāzmān-i Tiǧārat-i Ǧahānī --- Organización Mundial del Comercio


Book
International Trade Policy and European Industry : The Case of the Electronics Business
Author:
ISSN: 14311933 ISBN: 3319032798 3319003917 3319003925 Year: 2014 Publisher: Cham : Springer International Publishing : Imprint: Springer,

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Abstract

Trade policy has played a vital role in the decline of European electronics business. The events that resulted in the disappearance of the European television industry, of a European and Japanese video recorder format and of other European consumer electronics are directly related to market structures in exporting countries and business practices. In this book, factual business data shows and economic models explain how restrictive trade practices result in elimination of efficient competitors in export markets. It deals with the memorable case how a videocassette recorder format was established by dumping and how politics enabled it. An innovative tariff increase for CD players was invalidated by heavy dumping, causing closure of production in Europe. European CTV industry succumbed under permanent dumping and a series of biases – as the interest of a state-owned company – and serious errors making trade instruments void and rules irreconcilable with international agreements. Practical and theoretical examples and explanations, some in detail, of trade rules are provided. The book sketches events – carelessness, prejudice or special interests, arbitrary and false application of trade instruments and fraud – resulting in disappearance of various European electronics business segments.

Keywords

Economic policy. --- Electronic industries -- Law and legislation -- Europe -- Case studies. --- Electronic industries -- Law and legislation -- Europe. --- Europe -- Commercial policy -- Case studies. --- Europe -- Commercial policy. --- Industrial organization (Economic theory). --- International economics. --- Commerce --- Business & Economics --- International Commerce --- International trade. --- International economic relations. --- Industries --- Electronic industries. --- Electronics industry --- Economic policy, Foreign --- Economic relations, Foreign --- Economics, International --- Foreign economic policy --- Foreign economic relations --- Interdependence of nations --- International economic policy --- International economics --- New international economic order --- External trade --- Foreign commerce --- Foreign trade --- Global commerce --- Global trade --- Trade, International --- World trade --- International law. --- Trade. --- Industrial organization. --- Economics. --- International Economics. --- Industrial Organization. --- International Economic Law, Trade Law. --- Economic Policy. --- Electric industries --- Economic policy --- International relations --- Economic sanctions --- International economic relations --- Non-traded goods --- Organization --- Industrial concentration --- Industrial management --- Industrial sociology --- Economic nationalism --- Economic planning --- National planning --- State planning --- Economics --- Planning --- National security --- Social policy --- Law of nations --- Nations, Law of --- Public international law --- Law --- World Trade Organization --- Europe --- Commercial policy --- Organisation mondiale du commerce --- World Trade Organisation --- WTO --- Welthandelsorganisation --- Organización Mundial de Comercio --- OMC --- Vsemirnaja torgovaja organizacija --- VTO --- Sāzmān-i Tiǧārat-i Ǧahānī --- Shijie-Maoyi-Zuzh --- Organización Mundial del Comercio --- Vsemirnaja Torgovaja Organizacija --- Welthandel --- Internationale Organisation --- Genf --- GATT 1994 --- General Agreement on Tariffs and Trade --- 01.01.1995 --- -Europe --- Council of Europe countries --- Eastern Hemisphere --- Eurasia

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