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The Concepts of Trademark Exhaustion and Parallel Imports: A Comparative Analysis between the EU and the USA

Author

Listed:
  • Dobrin Samuel

    (University Bildstensvägen 4H-2, Lund 226 54, Sweden)

  • Chochia Archil

    (Tallinn Law School, Tallinn University of Technology Akadeemia tee 3, Tallinn 12618, Estonia)

Abstract

The article intends to analyze the closely correlated concepts of trademark exhaustion and parallel imports. The growing importance of these concepts in the current world, especially in the European Union, makes it an interesting research topic, even though the concepts are complicated due to their nature and different actors involved. The authors use comparative approach, concentrating on two world leaders in the field, in order to discover what is the approach of the EU as well as the approach of the USA to the concepts of trademark exhaustion and parallel imports, what are the benefits and weaknesses of these approaches, and analyze why these markets have arrived at certain conclusions.

Suggested Citation

  • Dobrin Samuel & Chochia Archil, 2016. "The Concepts of Trademark Exhaustion and Parallel Imports: A Comparative Analysis between the EU and the USA," TalTech Journal of European Studies, Sciendo, vol. 6(2), pages 28-57, October.
  • Handle: RePEc:vrs:bjeust:v:6:y:2016:i:2:p:28-57:n:2
    DOI: 10.1515/bjes-2016-0011
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    References listed on IDEAS

    as
    1. Li, Changying & Maskus, Keith E., 2006. "The impact of parallel imports on investments in cost-reducing research and development," Journal of International Economics, Elsevier, vol. 68(2), pages 443-455, March.
    2. Frank Mueller‐Langer, 2012. "Parallel Trade and its Ambiguous Effects on Global Welfare," Review of International Economics, Wiley Blackwell, vol. 20(1), pages 177-185, February.
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