A contractual approach to the gray market
AbstractParallel imports are genuine products imported without the authorization of the trademark or copyright owner in a country. Authorized dealers have employed trademark and copyright law to exclude parallel imports using claims of infringement. Our assertion is that trademark and copyright laws are inappropriate for enforcing restrictions against parallel imports for two reasons. First, trademark exclusion of parallel imports indiscriminately eliminates intrabrand competition and should be scrutinized from an antitrust perspective. Second, trademark laws inefficiently constrain the feasible set of distribution systems. We propose a policy combining contract, tort, and antitrust law to regulate parallel imports.
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Bibliographic InfoArticle provided by Elsevier in its journal International Review of Law and Economics.
Volume (Year): 19 (1999)
Issue (Month): 1 (March)
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Web page: http://www.elsevier.com/locate/irle
Other versions of this item:
- K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
- K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
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