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Trade Marks and Free Trade

A Global Analysis

  • Lazaros G. Grigoriadis
Book

Table of contents

  1. Front Matter
    Pages i-xxxi
  2. Introduction

    1. Front Matter
      Pages 1-1
  3. Exhaustion of Trademark Rights and Legality of Parallel Imports Under GATT/WTO Law

    1. Front Matter
      Pages 73-73
    2. Lazaros G. Grigoriadis
      Pages 75-77
    3. Lazaros G. Grigoriadis
      Pages 123-124
  4. Exhaustion of Trademark Rights and Legality of Parallel Imports Under European Union Law

  5. Exhaustion of Trademark Rights and Legality of Parallel Imports in National Laws Outside the European Economic Area

    1. Front Matter
      Pages 425-425
    2. Lazaros G. Grigoriadis
      Pages 427-427
    3. Lazaros G. Grigoriadis
      Pages 463-463
  6. Conclusion

    1. Front Matter
      Pages 465-465
    2. Lazaros G. Grigoriadis
      Pages 467-473
  7. Back Matter
    Pages 475-510

About this book

Introduction

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

Competition law General Agreement on Tariffs and Trade (GATT) Intellectual property Parallel imports Trade mark law World Trade Organization (WTO)

Authors and affiliations

  • Lazaros G. Grigoriadis
    • 1
  1. 1.Faculty of LawAristotle University of ThessalonikiThessalonikiGreece

Bibliographic information