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Dissertations / Theses on the topic 'Parallel imports'
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Sauer, Katherine Michelle. "Three essays on the strategic impacts of parallel imports." Diss., Connect to online resource, 2006. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&res_dat=xri:pqdiss&rft_dat=xri:pqdiss:3219042.
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Jia, Hang Hang. "Doctrine of exhaustion of rights and parallel imports : legal issues and challenges in China." Thesis, University of Macau, 2005. http://umaclib3.umac.mo/record=b1637072.
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Marinova, Yona Georgieva. "Bifurcation of parallel trade in the European Community." Thesis, University of Aberdeen, 2008. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=25821.
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This thesis examines the regulation of parallel imports of trade marked goods in the European Community (EC), demonstrates its deficiencies and advocates its amendment by the Community legislator. The thesis identifies as a primary characteristic of the regulation the bifurcation of intra-EC and extra-EC parallel importation, that is to say, the fundamental divergence of the regimes of parallel imports coming from another EC Member State and imports coming from third countries. The split as to the rationale, justification and outcome of the two regimes is so substantial that it is viewed as the existence of ‘parallel regulations on parallel trade’ in the Community. The study establishes four different manifestations of this bifurcation, the most evident one concerning the fact that while internal imports are lawful under EC law, external ones could be repelled by the mark owner as trade mark infringement. It is submitted that this variable legal tolerance to parallel trade has been legitimised through the Community rule of limited, regional exhaustion of trade mark rights and the manner in which the European Court of Justice has interpreted its application. Against this background, the thesis raises three groups of legal arguments for reviewing the current Community exhaustion policy and implementing a rule of international trade mark exhaustion. They relate to trade mark law, competition law and certain proclamations of the importance of free unrestricted global trade, made by the Community on international level and in the EC context as well. Finally, the study complements the above legal arguments with socio-economic justifications in support of international exhaustion. The research suggests that the Community should consider the implementation of international trade mark exhaustion and carry out the necessary preparatory steps outlined by the study in this regard.
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Marinova, Yona Georgieva. "Bufurcation [sic] of parallel trade in the European Community /." Available from the University of Aberdeen Library and Historic Collections Digital Resources. Restricted access until May 22, 2014, 2008. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?application=DIGITOOL-3&owner=resourcediscovery&custom_att_2=simple_viewer&pid=25821.
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Je, Young Kwang. "Public Policy on Parallel Imports in Korea: The Welfare Effect for Consumers in the Korean Golf Market, and Policy Suggestions." Thesis, University of Oregon, 2006. http://hdl.handle.net/1794/19628.
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48 pagesPolicy on the parallel imports of medicines is being debated currently in Korea. This paper looks at several countries' trends, the Trade-Related Aspects of Intellectual Property Rights Agreement, and the Korean golf market to search for policy ideas. A simple consumer welfare benefit-cost and sensitivity analysis shows that parallel imports give not only consumers' surplus on parallel imported golf clubs, but also a much larger consumers' surplus on authorized brand versions.This paper makes the following recommendations: First, parallel imports should be permitted according to the principle of free trade, if the cost of parallel imports to the country is not much larger than the benefit. Second, even if parallel impmts are pem1itted, some exceptional cases should be allowed where international exhaustion is problematic. Third, governmental intervention, a clear labeling system, for example, is required to protect consumers, and help consumers make rational choices.
Note: This digital copy was scanned from a personal copy, and contains some underlining and marginalia.
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Haeger, Karin. "Parallellimport och utvecklingen av EG:s konkurrensrätt." Thesis, Linköping University, Department of Management and Economics, 2000. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-724.
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Parallel imports often lead to lowered prices and is therefore regarded as good from a consumer's point of view. From a business'point of view this is not always the case. When do parallel imports occur? Is it possible to prevent parallel imports to protect an introduction of a product in another member state? The purpose of this thesis is to present situations where parallel imports occur and to see if it is compatible with competition law to prevent parallel imports. Furthermore I will analyse the future development after the group exemption of vertical restraints enters into force in June 2000. RESULTS: I believe that the group exemption of verical restraints will lead to an increasing amount of businesses setting up in other countries. As a result of the increasing internationalisation, prices will fall which leads to decreasing parallel imports. I also consider that it should be possible to prevent parallel imports for a short time in order to protect an introduction abroad.
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Fazel, Robin. "Enforcing Competition in the Pharmaceutical Sector : - A Multi-Perspective Analysis of Restrictions on Parallel Trade with Pharmaceutical Products." Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-379628.
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Müller-Langer, Frank. "Creating R & D incentives for medicines for neglected diseases : an economic analysis of parallel imports, patents, and alternative mechanisms to stimulate pharmaceutical research /." Wiesbaden : Gabler, 2009. http://d-nb.info/993522394/04.
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Müller-Langer, Frank. "Creating R&D incentives for medicines for neglected diseases an economic analysis of parallel imports, patents, and alternative mechanisms to stimulate pharmaceutical research." Wiesbaden Gabler, 2008. http://d-nb.info/993522394/04.
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Haller, Julie. "The legality of the parallel import of trade-marked goods : a comparative analysis." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=32803.
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This thesis analyses the legality of parallel import of trade-marked goods from a comparative standpoint as the author will examine the legal, judicial and administrative responses to it in three jurisdictions: United States, Canada and the European Union.This issue lies at the core of the inherent tension between the promotion of free trade and the traditional territorial allocation of intellectual property rights. Parallel import refers to the unauthorized sale of genuine branded products in a given jurisdiction through market channels without the consent of the trade-mark owner in that jurisdiction. The exhaustion of rights doctrine is one of the most fundamental limitations on intellectual property rights as it provides, in general terms, that once an intellectual property right holder sells an article embodying those rights he no longer has any authority to control the future sale or movement of this article because his right have been exhausted with respect to that article. This inextricable link between parallel imports and the exhaustion of rights will thus be the focus of our analysis throughout this thesis.
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Hýžová, Zuzana. "Vyčerpání práv z ochranné známky." Master's thesis, Vysoká škola ekonomická v Praze, 2009. http://www.nusl.cz/ntk/nusl-11735.
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The thesis deals with the analysis of exhaustion of trade mark rights, it focuses mainly on the comunnity-wide exhaustion. It is based mainly on the interpretation of the case law of the European Court of Justice which is used both to describe the creation and development of the principle and to help to evaluace its importace on the field of the common market and its practical conclusions. Appart from the community-wide exhaustion, big part of the thesis is represented with the global exhaustion whose possible introduction has been topic of many discussions.
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Hardne, Louise. "The business strategy from employee perspective : A qualitative study of using the business strategy as a control tool at a parallel import company of pharmaceuticals." Thesis, Stockholms universitet, Sociologiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-143375.
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The purpose of this thesis is to analyse how the business strategy is communicated by the senior management and interpreted by the employees at a parallel distribution company of pharmaceuticals. These knowledge intense organizations are characterized by complex and ambiguous work tasks. Traditional management control theories are based on the assumption that managers should create rules, order and norms to control their employees. But in complex organizations it is difficult for the senior management to understand the entire work flow and different form of control mechanisms are requested. Recent studies have shown that vertical directions often are questioned and translated by the employees at the horizontal level within complex organizations. This is a fairly new way of looking at management control and moreresearch is required, which this thesis aims at providing. The business strategy is often created by the senior management to control and direct the employeebehaviour, and internal communication is often used to implement the strategy at the horizontal level. Drawing from this it is interesting to focus on the business strategy from employee perspective, to analyse how the employees questions and translates the business strategy to fit their work. The thesis has a qualitative and deductive approach. 14 interviews are conducted. One with the senior manager and 13 with the employees at the horizontal level. The findings suggest that different form of knowledge work require different form of control mechanisms. Some employees interpretedthe strategy the same way the senior management did and some questioned and translated the strategy to be more suitable for their own work. The pharmacists questioned the strategy while the sale force worked according to it. The findings also suggest that in order for the strategy to act as a control tool the content is important and needs to reflect the employees work.
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Souza, Ezequiel Silva de. "Propaga??o de danos: import?ncia da atualiza??o din?mica, efeitos da dilui??o e propriedades termodin?micas." Universidade Federal do Rio Grande do Norte, 1997. http://repositorio.ufrn.br:8080/jspui/handle/123456789/16602.
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Previous issue date: 1997-09-26Neste trabalho investigamos aspectos da propaga??o de danos em sistemas cooperativos, descritos por modelos de vari?veis discretas (spins), mutuamente interagentes, distribu?das nos s?tios de uma rede regular. Os seguintes casos foram examinados: (i) A influ?ncia do tipo de atualiza??o (paralela ou sequencial) das configura??es microsc?picas, durante o processo de simula??o computacional de Monte Carlo, no modelo de Ising em uma rede triangular. Observamos que a atualiza??o sequencial produz uma transi??o de fase din?mica (Ca?tica- Congelada) a uma temperatura TD ≈TC (Temperatura de Curie), para acoplamentos ferromagn?ticos (TC=3.6409J/Kb) e antiferromagn?ticos (TC=0). A atualiza??o paralela, que neste caso ? incapaz de diferenciar os dois tipos de acoplamentos, leva a uma transi??o em TD ≠TC; (ii) Um estudo do modelo de Ising na rede quadrada, com dilui??o temperada de s?tios, mostrou que a t?cnica de propaga??o de danos ? um eficiente m?todo para o c?lculo da fronteira cr?tica e da dimens?o fractal do aglomerado percolante, j? que os resultados obtidos (apesar de um esfor?o computacional relativamente modesto), s?o compar?veis ?queles resultantes da aplica??o de outros m?todos anal?ticos e/ou computacionais de alto empenho; (iii) Finalmente, apresentamos resultados anal?ticos que mostram como certas combina??es especiais de danos podem ser utilizadas para o c?lculo de grandezas termodin?micas (par?metros de ordem, fun??es de correla??o e susceptibilidades) do modelo Nα x Nβ, o qual cont?m como casos particulares alguns dos modelos mais estudados em Mec?nica Estat?stica (Ising, Potts, Ashkin Teller e C?bico)
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Loum-Neeser, N'deye fatou. "Les pays en développement et la brevetabilité des médicaments en matière de lutte contre le VIH/SIDA : étude de droit comparé sur les controverses actuelles concernant le rôle des brevets pharmaceutiques dans l'accès aux médicaments de traitement du VIH/SIDA des pays en voie de développement." Thesis, Strasbourg, 2012. http://www.theses.fr/2012STRAA034/document.
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Dans les pays en développement (PED), les problèmes engendrés par le VIH/SIDA et l’inaccessibilité des antirétroviraux (ARV) s’avèrent être la cause de ravages extrêmement préoccupants à tous les niveaux (démographique, politique, social et économique). Dans le cadre de l’Organisation mondiale du commerce (OMC), et notamment de l’Accord sur les aspects des droits de propriété intellectuelle qui touchent au commerce (« Accord sur les ADPIC »), un nombre croissant de PED ont ou sont en train d’intégrer un standard international de protection des brevets de produits et de procédés pharmaceutiques à leur législation nationale. Cette intégration a eu et continue de jouer un rôle majeur dans la problématique de l’accès aux médicaments dans les PED. Les conditions et les effets du régime de protection des innovations suscitent de vifs débats entre les partisans d’une protection accrue des brevets et les défenseurs de l’accès aux médicaments essentiels. Une des principales motivations de notre travail de recherche est de fournir une étude permettant de trouver des solutions à la fois favorables à l’amélioration de l’accès aux médicaments et à la préservation de l’innovation. Le problème complexe de l’accès aux médicaments ARV dans les PED est influencé par la pluridisciplinarité et l’interdépendance de nombreux facteurs. Le système des brevets ne constitue pas « l’unique » solution au problème. Toutefois, il doit être plus sérieusement considéré dans sa fonction d’équilibrage entre l’intérêt privé et l’intérêt collectif. C’est un outil juridique précieux pour le développement économique et technologique des PED et la réalisation de l’intérêt commun contre la pandémieIn developing countries, problems brought about by HIV/AIDS and inaccessibility of antiretrovirals (ARVs) are proving to be the cause of serious damages at all levels (demographic, political, social and economic). Within the context of the World Trade Organization, and in particular the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”), a growing number of developing countries have integrated or are in the process of integrating into their national law an international standard of patent protection for pharmaceutical products and processes. Such integration continues to play a major role in the issue of access to medicines in developing countries. The conditions and effects of the protection regime respecting innovations give rise to heated debates between supporters of an increased patent protection and defenders of the access to essential medicines. One of the main motivations for our research is to provide a study that helps to find solutions that are both in favour of improving access to medicines and protecting innovation. The complex problem of access to ARV drugs in developing countries is influenced by the multidisciplinarity and interdependence of many factors. The patent system does not solve the problem on its own. However, it should be seriously considered in its function of balancing the private and collective interests. It is a valuable legal tool for the economic and technological development of the developing countries and to achieve the common interest against the pandemic
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Pin-Cheng, Huang, and 黃品錚. "Tariffication, Parallel Imports and Welfare." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/76423050375221317464.
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碩士輔仁大學
經濟學研究所
101
WTO has long called for converting non-tariff barriers into tariffs. This is called tariffication. Utilizing a two-country model, this paper examines the welfare effect of tariffication in the presence of parallel imports. We also compare the R&D intensity of the manufacturer before and after tariffication. We find that if the manufacturer adopts a two-part tariff pricing, tariffication is socially undesirable for the domestic country as it decreases the profit of the domestic manufacturer, leaving consumer surplus unchanged. Moreover, tariffication also decreases foreign welfare as it raises the wholesale price. If the manufacturer adopts a one-part tariff pricing, the domestic welfare is also deteriorated by tariffication. Finally, if the domestic manufacturer adopts a two-part (one-part) tariff pricing, tariffication discourages (has no effect on) the R&D incentive of the domestic manufacturer. That is to say, the domestic and the foreign welfare levels will get even worse in the long run under two-part tariff pricing.
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Kuo, Yuan-lung, and 郭元龍. "Parallel Imports and Distributor’s Service Strategy." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/37842440454338591886.
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碩士東吳大學
國際經營與貿易學系
100
In this thesis, we construct a two-country-three-firm model to discuss how parallel imports affect the service strategy of distributors. Our findings are as follows. First, we find that when parallel imports exist, the domestic distributor’s service standards improve with the foreign distributor’s service standards. However, when the domestic distributor increases its service, the foreign distributor’s standards of service will diminish. Second, the foreign distributor’s profit decreases with the domestic distributor’s service, but the profit of the domestic distributor increases with the foreign distributor’s service. Nevertheless, if distributors have to pay more to the manufacturer, the sales volume and the profit of both distributors will decrease, but unauthorized resellers will not be affected. In addition, if the domestic market size is extremely greater than the foreign market, or the marginal cost of the service increases in a fast pace, then, the incentives for the domestic distributor to provide service will reduce, but the foreign distributor will provide more services. Finally, we find that when parallel imports exist, the profit of the domestic distributor will decrease. Besides, the foreign distributor’s profit may also decrease.
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OU, WEI-CHING, and 歐瑋晴. "Research on Parallel Imports and Corporate Social Responsibility." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/5jp326.
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碩士東吳大學
國際經營與貿易學系
106
This paper employs a two-country model to analyze the equilibrium results and welfare impacts of parallel imports in the presence of corporate social responsibility. In the model, there is a manufacturer selling its product to the domestic consumers directly and to the foreign consumers through a retailer firm. We assume that the manufacturer uses two-part tariffs to decide the prices of the product for the retailer firm. In addition, the retailer firm considers corporate social responsibility by adding consumer surplus of the foreign country into its objective function. The paper find that without parallel import the manufacturer will charge positive unit price when the retailer firm considers corporate social responsibility, and the price is increasing with the degree of corporate social responsibility. In the presence of parallel imports, the increase in the degree of corporate social responsibility will reduces the possibility of parallel imports if the transportation cost is sufficiently small. If the retailer firm is maximizing social welfare, then parallel imports never takes place, regardless of the size of transportation cost. In addition, the manufacturer’s profit, foreign consumer surplus and global welfare is decreasing first and then increasing, whereas the domestic consumer surplus is always decreasing, with the increase of the transportation cost. When the degree of corporate social responsibility rises, these effects of transportation cost are smaller. Regarding the welfare effects, we find that global welfare and the degree of corporate social responsibility is negatively related if transportation costs and the degree of corporate social responsibility are sufficiently large, otherwise, they are positively related.
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Iturralde, Gonzalez Raul. "Parallel Imports: A Copyright Problem with no Copyright Solution." Thesis, 2009. http://hdl.handle.net/1807/18765.
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Parallel Imports refer to the legal importation of products that have some form of Intellectual Property rights attached to them. These products enter in direct competition with the products authorized for the imported market. As a result of that, Intellectual Property holders have attempted to deter these importations through the enforcement of Intellectual Property rights (such as Trademarks and Copyrights).
In this work, it will be shown that Copyrights cannot be used to prevent Parallel Imports. Copyrights grant the right to reproduce works of authorship and in that form to obtain a benefit from their first sale. Copyrights do not grant protection beyond that first sale making them unsuitable to halt the importation of original products.
By studying the form in which other countries have managed the Parallel Importation problem, a solution will be given to this issue.
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Shih, Pei-Cyuan, and 施姵全. "Essays on Parallel Imports, Technology Licensing, and Government Policy." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/85246404936079788276.
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博士國立臺灣大學
經濟學研究所
103
Through analyzing how the government policy and market structure affect the licensor’s optimal licensing contract, the optimal technology adoption and the product innovation, the dissertation explores issues on optimal licensing contract under vertically-related model, tariffs and foreign licensor’s optimal technology adoption and product innovation under parallel imports and oligopoly market structure. In Chapter 2, we investigate the optimal licensing strategy of an insider licensor, which produces and sells an intermediate good in a vertically-related market. The licensor can adopt either fixed-fee or royalty licensing. It is found that the licensor firm may prefer fixed-fee to royalty licensing as the former is more likely to induce downstream entry which expands the derived demand. Moreover, even if downstream entry takes place under both regimes, fixed-fee licensing could still be superior to royalty licensing, because the licensor, in order to make room for the entry, cannot enjoy the full cost advantage under royalty licensing. In Chapter 3, we set up a three-stage (technology adoption, technology licensing, and output) oligopoly game in which one foreign firm licenses its superior technology to a domestic firm by means of a two-part tariff (i.e., a per-unit royalty and a fixed fee) contract. It is found that if the tariff imposed by the domestic country is large enough, the foreign licensor firm prefers to use an inferior technology for its own production but licenses a superior technology to its rival. This arrangement can raise the domestic consumer surplus and the world social welfare. In Chapter 4, we set up a two-country model in which there is one domestic manufacturer authorizing its product to a distributor in foreign country to investigate the effect of parallel imports (PI) on product innovation of the former. The distributor can sell the product not only to its own market (i.e., the foreign market) but also back to the domestic market if parallel imports are allowed by the domestic government. We find that if the manufacturer adopts a two-part tariff pricing scheme when selling its output to the foreign distributor, permitting PI necessarily decreases the manufacturer’s product innovation. This result however is very sensitive to market structures. If the domestic market becomes duopolistic or oligopolistic, the above result is definitely reversed—PI have a positive effect on the manufacturer’s product innovation. Finally, if there are more than one distributor in the foreign market, parallel imports may increase or decrease product innovation depending on the consumers’ quality valuations in the two countries. Chapter 5 concludes the dissertation and provides some extensions from this research.
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Cheng, Chou-Yao, and 鄭舟堯. "Market-Entry Competition and Endogenous Policy Choice Relevant to Parallel Imports." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/47631525624854064952.
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碩士國立中山大學
經濟學研究所
101
Based on the vertically differentiated duopoly in a North-South trade model we analyze the impact of parallel imports on price competition and the interaction of national parallel policies. We conclude that (1) when the difference between qualitative preferences of two countries is sufficiently small, the North will permit parallel imports and the South`s attitude toward parallel policy is irrelevant which leads to the North`s most preferred outcome. (2) when the difference between qualitative preferences of two countries is relatively intermediate, the North and the South will both permit or prohibit parallel imports. The former is preferred by the North and the latter is preferred by the South. (3) when the difference between qualitative preferences of two countries is sufficiently large, the North and the South will both prohibit parallel imports which is the South`s most preferred outcome.
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Poget, Cédric Julien. "Parallel imports of pharmaceuticals : evidence from Scandinavia and policy proposals for Switzerland /." 2007. http://www.gbv.de/dms/zbw/543295982.pdf.
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GAU, WEI-JIUNN, and 高維駿. "Parallel Imports of Copyrights—From the Perspective of the Conflicts of Law." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/02173608501450181174.
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碩士國立臺北大學
法律學系一般生組
96
Since the 70’, with the globalization and technology advancement, multinational companies have been gathering speed in accumulating their fortunes. While the degree of dependence among countries has been increasing, the monopoly of knowledge and technology plays an important role in the country’s competitiveness. The copyright is not only a law but becomes a policy which enforces competitiveness and adaptation to the revolution of world economy. The motivation of this study is to discuss the “should be” in related to the legislation and theoretical basis from the perspective of conflict of law with the focus on the exhaustion of distribution rights, whether we should adopt global exhaustion or domestic exhaustion. This study will also review the existing copyright and related regulations of R.O.C and difficult situation we are confronting in the global market. The purpose is through the discussion, to enhance the awareness of exhaustion of distribution rights in the highly global environment. The scope of study is to focus on the exhaustion of distribution rights. First, we will introduce the concept of distribution rights of the copyright owner, such as the definition of distribution rights and its influence. Second, we will present the legislation of distribution rights in the international treaty, also review the distribution rights of R.O.C. Third, we will further discuss the exhaustion of distribution rights. The thesis not only focuses on the parallel importation of copyrights but also discuss the related legislation of other countries and the famous cases. The study proves that we adopt the domestic exhaustion of the parallel importation of copyrights. The reason is the myths of jus soli from conflict of laws and pressure from other countries. We are often facing the difficult and unfair situation; our legislation of copyrights is interfered by United States. In reality it is hard to change. From the theoretical basis, jus soli may not necessarily result in the prohibition of parallel importation. It all depends on the country’s policy whether the importation of copyright is allowed. The global exhaustion can contribute to the economic and cultural development. Moreover, in view of the globalization, the free trade has become the trend. It is without argument that global exhaustion should be adopted to promote the cross-border merchandise movement.
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Chiang, Yuan-Chen, and 江苑臻. "Trading Copyright Products with Uncle Sam: Parallel Imports Ban, Taiwan-U.S. Trade and Fair Use." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/92997698689766483448.
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碩士國立交通大學
科技法律研究所
95
Under current intellectual property laws regime, Copyright Law which aims at promoting the progress of culture, along with Patent Law and Trademark Law, are all facing the challenges from parallel imports in gray market. Taiwan’s current Patent Law expressly permitted parallel importation (Patent Law Article 57(6)), and courts, as well as conventional wisdom, both recognize the legality of parallel imports in Trademark Law. Nevertheless, after Amendment in April 1993, Article 87 (4) was added to Taiwan’s Copyright Law which forbid parallel imports with limited exceptions due to the fear of Section 301 trade sanction from U.S. This enactment essentially creates a new distribution right for copyright owner in addition to the eumberated exclusive rights which only include the right to reproduce, right to revise, publicly display right and rental right, and etc. Furthermore, most courts still hold those parallel imports as illegal copies, even if they are manufactured with authorization initially. Courts tend to deem them as unlawful copies and refused to grant exemption under Article 60, thereby a third party distributor of those imports are still subject to civil and criminal penalties. This Thesis starts from the cause of parallel imports, how current Copyright Law regulates parallel imports, the role U.S. and Taiwan’s trade policy played in the legislative process of Copyright Law, the impact and adverse effect of parallel import ban on trade between U.S. and Taiwan, then proceeds to research on how U.S. law and international treaties cope with parallel import issue as a reference for reviewing the propriety of this enactment. This Thesis will indicate that Section 301 of Trade Act is not in compliance with WTO laws, and conversely, the ban on parallel imports may risk Taiwan to be challeged by other WTO Members as an unlawful trade barrier. Furthermore, with the analysis of market failure theory, this Thesis proposed that current parallel import ban should be lifted, and, instead of exhaustion doctrine, fair use doctrine should be applied to evaluate each parallel import case in a case -by -case manner, taking into account its impact on public interest and copyright owner’s private benefit so that the regulations on parallel imports could be consistent with the objectives of Copyright Law in promoting the progress of culture and useful art.
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Ting, Lung-Lu, and 丁榮儒. "Essays on parallel imports,the government policies on IPRs,anti-dumping duty and quality-related R&D." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/7n7t44.
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Pedras, Joana Mafalda Delgado. "The economic and social impact of Via Verde do Medicamento on its stakeholders." Master's thesis, 2016. http://hdl.handle.net/10400.14/20358.
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Better Health Care conditions have been a matter of substance for the past decades. Governments apply a substantial part of their GDP in order to provide population with more efficient and safer care, being medicines an ever increasing investment in terms of cost for the national health system.
It is known that the development that has been occurring generates an introduction of new and better medicines. However, there are many challenges in controlling the supply of necessary products in the market, especially in the EU, due to unpredictable causes, raw material production or parallel trade.
Parallel trade in the EU results from price differences in the markets and, when done in an uncontrolled way, could lead to shortages in product supply, which affects negatively the patients and, ultimately the population well-being.
This thesis contributes to a better understanding of the pharmaceutical industry supply, the parallel trade and culminate with Via Verde do Medicamento, the project launched by INFARMED whose purpose is to decrease the number of product shortages in Portugal. The project aims to supply prescribed medicines that are part of the mandatory previous notification of exportation or distribution in other member states.
This dissertation shows how the project works, what were the main results of the pilot project and the first results of the roll-out project in Pharma X, as well as, their impact in the society and its potential applications. Additionally, a questionnaire was made in order to understand the pharmacies perspective, along with their needs and concerns.A melhoria das condições de saúde tem sido um tema bastante discutido nas últimas décadas. Os governos atribuem uma parte significativa do seu PIB de forma a providenciarem a população com um sistema de saúde mais eficiente, sendo que a medicação representa um enorme encargo para o sistema nacional de saúde. É sabido que o desenvolvimento que tem ocorrido origina a introdução de novos e melhores fármacos. Contudo, existem bastantes desafios em controlar o fornecimento necessário de produtos no Mercado devido a causas imprevisíveis, a produção de matéria-prima ou o comércio paralelo. O comércio paralelo na UE é o resultado da diferenciação de preços nos mercados e, quando feito de forma imensurável, pode levar à falta do produto e afetar negativamente os pacientes e, em última análise, o bem-estar da população. Esta tese contribui para uma melhor compreensão do fornecimento da Indústria Farmacêutica, bem como o comércio paralelo e culmina na Via Verde do Medicamento, projeto lançado pelo INFARMED cujo objetivo é diminuir a escassez de produtos em Portugal. O projeto visa fornecer medicamentos prescritos que fazem parte da lista de notificação prévia obrigatória de exportação ou de distribuição noutros Estados membros. É demonstrado nesta dissertação o funcionamento do projeto, os principais resultados do projeto piloto e os primeiros resultados da extensão do mesmo na empresa Pharma X, bem como o seu impacto na sociedade e suas potenciais aplicações. Além disso, foi feito um questionário a fim de compreender a perspetiva das farmácias, bem como as suas necessidades e preocupações.
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Saranová, Daniela. "Známkové právo a problematika paralelních dovozů v právu ČR." Master's thesis, 2011. http://www.nusl.cz/ntk/nusl-297099.
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The thesis focuses on the concept of parallel imports in the Czech law in light of the judicature of the European Court of Justice. In the first part of the thesis, after a brief introduction to the Czech trademark law, the thesis seeks to define the individual competencies of trademark owners and their restrictions, with an emphasis on the concept of exhaustion of the rights towards the trademark. The second part of the thesis focuses exclusively on the concept of parallel imports within the European Union and the European Economic Area and their impact on the internal market. The issue of exhaustion of the ownerʼs rights towards the trademark, being closely related to parallel imports and without which parallel imports as such could not exist, represent a key part of the European Court of Justiceʼs rulings. The analysis of the rulings conducted in the thesis demonstrates that the possibilities of trademark owners to inhibit parallel imports are significantly limited and that the European Court of Justice tends to assign greater importance to protecting the internal market than to protecting the subjective rights of the trademark owners.
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Šipulová, Anna. "Známkové právo a problematika paralelních dovozů v českém právu." Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-340921.
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Parallel imports and trademark law in the Czech Republic This thesis goal is to provide a basic introduction to Czech trademark law and to analyse parallel imports. I wanted to emphasize the "exhaustion of rights "principle in the context of the law of the European Union also in the context of law in the Czech Republic. It covers some of the most intriguing aspects of parallel imports for example "placed on the market", "consent of a trade mark owner", "repackaging and other changed of the parallel imported goods "by examining the most important Court of Justice of the European Union (before European Court of Justice) decisions that have set a solid legal environment and use them to explain how parallel imports have evolved. The thesis focuses on Czech and European trademark law and parallel imports in the law of the Czech Republic, as a member state of European Union. At the first part of thesis I explain what is trademark law, it's sense and intent in general. I also examine the fundamental sources of Czech national trademark law, trademark law of the European Union and international law. Which is followed by description what a "trademark" is and which trademarks are protected in Czech Republic, their functions and "trademark owners" as a basics terminology of trademark law in Czech Republic. Next part...
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Fišerová, Eva. "Známkové právo a problematika paralelních dovozů v právu ČR." Master's thesis, 2016. http://www.nusl.cz/ntk/nusl-346813.
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IN ENGLISH Trade mark law and the issues of parallel imports under Czech law The purpose of the thesis is to analyze the trade mark law and the issues of parallel imports under Czech law. The thesis describes the present situation in the Czech Republic, points out the influence of the European Union and considers the impact of the current regulation of parallel imports concerning trademarked goods. The paper also focuses on the court decisions of the Court of Justice of the European Union which have great effect on the law effective in the Czech Republic. The reason for my research is the ongoing international discussion on that topic and the necessity to find balance among contrary interests of trademark owners, parallel importers and consumers. The aim of the thesis is presented at the beginning. The next chapter of the thesis is introductory and defines basic terminology in general. The third chapter looks at the Czech legislation connected to the topic and highlights its connection to the European law. The next section analyzes the law of the European Union and is subdivided into three parts. The first part outlines the historical context and sets out the basic facts. The next part is concerned with a leading principle used in the European Union - the principle of community exhaustion. The last...
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Pavlík, Ondřej. "Známkové právo a problematika paralelních dovozů v právu ČR." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-368824.
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The purpose of the thesis is to analyse the phenomenon of parallel imports, define the pros and cons of parallel trade for respective entities and also society as a whole as well as describe how the trademark law may influence parallel importation of trademarked goods. In addition, the thesis analyses individual means of legal protection against parallel imports identified as illegal. After the introduction summarizing why it is appropriate to deal with the parallel importation phenomenon, the second part of the thesis describes the basic concepts in the context of parallel import issues: trademarks, parallel imports and exhaustion of trademark rights. The second part also describes the positive and negative impacts of parallel trade and why the doctrine of exhaustion of trademark rights appears to be the most appropriate way how to solve the difficulties in the relationship between trademark owners and parallel importers. The third part of the thesis aims to provide a reader with the basic sources of law which affect the phenomenon of parallel importation from the trademark law's point of view. As it follows from the third part of the thesis and also the whole work, the key legal source for the European region, including the Czech Republic, is the law of the European Union together with the case...
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Neuwirth, František. "Doktrína zákazu omezování paralelních dovozů v soutěžním právu Evropské unie." Master's thesis, 2013. http://www.nusl.cz/ntk/nusl-323683.
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THE DOCTRINE OF THE PROHIBITION ON PARALLEL IMPORTS RESTRICTIONS WITHIN COMPETITION LAW OF THE EUROPEAN UNION The aim of this thesis is to analyse the current approach of EU competition law to parallel imports restrictions in light of nearly a half-century of EU Courts' case-law's evolution and in comparison with the approach adopted by US antitrust law. The traditional attitude of the EU Courts and of the Commission towards competition restraints of this type is described in literature in clear terms. However, this is not the case when it comes to the recent and current ambiguous developments within EU competition law. Therefore, this thesis aims to verify these two hypotheses. The first hypothesis says that evolution of the EU institutions approach to parallel imports restrictions has a circular nature: it starts from the traditional, intransigent position adopted in the early decades of European integration and it continues through a more lenient, economic approach in the period of the so called modernization of EU competition law to return to a rather traditional attitude typical of the current times. According to the second hypothesis, the current EU institutions' attitude towards parallel imports restrictions has nevertheless been shifted, during the modernization period, to a more...
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Li, Wan-yu, and 黎婉郁. "Parallel Import, Piracy and Service Quality." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/33608677993375001069.
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碩士國立中央大學
經濟學研究所
96
This thesis applies a vertical differential model to discuss how the distributor may alter their service to the consumers in different types of market competition when there are only distributor and parallel importer in the market. Furthermore, we analyze how distributor may change their service when the piracy exists in the market. The main conclusions of this thesis are as followed. If there are only distributors and parallel importers exist in the market, the distributor will offer a better service than it does when it monopoly the whole market. In this case, the service in the Bertrand competition is still better than that of the Cournot competition. If the piracy 、distributor、and the parallel importer all exist in the market, the existence of the piracy increase the profit of the distributor while decrease its service in all types of competition. While the service in the Bertrand competition remains better than that of Cournot competition. We find that the existence of piracy is beneficial to the copyrighted firm.
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Huang, Wen-Hui, and 黃文慧. "The Strategical Analysis of Parallel Import between Two Countries." Thesis, 1994. http://ndltd.ncl.edu.tw/handle/35943082854681199530.
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Patel, Jayesh D. "The direction of the parallel import industry in a strategic context." Thesis, 2003. http://hdl.handle.net/10413/2515.
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The study investigated the perception of Business Management students towards the grey market industry. An extensive literature review on customer satisfaction, buyer behaviour and market segmentation was undertaken. The research instrument took the form of a questionnaire, using five-point likert scale questions, multiple rating list scale questions and dichotomous questions. The questions were distributed to a sample of ninety students. The study is based on fifty returned questionnaires. The descriptive statistics were generated using the SPSS software program. The study is concluded with recommendations, which Govan Mani may wish to consider during its strategic planning process.Thesis (MBA)-University of Natal, 2003.
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Chen, Hao-Yun, and 陳皓芸. "An Analysis of the Parallel Import of copyright works from the viewpoint of copyright and competition law." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/17156445022670505735.
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碩士國立臺灣大學
法律學研究所
96
Parallel import of copyright works is the importation of goods without the authority of the copyright holder. In recent years the international trade of copyright works has been flourishing, and the discussion on parallel importation and exhaustion of copyright becomes ardent but divergent. However, the present regulations of parallel import in Taiwan are not appropriate theoretically and practically, thus the citizens in Taiwan offend against the rules unintentionally. This thesis is to analyze the complex situation of the parallel import of copyright works. Through the comparative analysis on American, European, Japanese, Australian and New Zealand law, it reveals that the countries such as U.S. and E.U. prefer to adopt national exhaustion or regional exhaustion to secure the rights and interests of copyright holders. On the contrary, countries like Japan, Australia and New Zealand take the side of international exhaustion for the purpose of stimulating competition in related markets and defending the interests of consumers. The regulatory diversity is mostly derived from the different administrative policies. Based on the comparative analysis from the aspect of copyright and competition law, this thesis attempts to constitute an adequate framework of the regulations of parallel import of copyright works. The thesis also aims at solving perplexing predicament in present regulation systems by addressing the legislative suggestions that relieve the Taiwanese consumers of potential improper criminal prosecutions.
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HUANG, CHIH-YING, and 黃致穎. "Using Patent System as a Solution to Pharmaceutical Supplies-from the Perspective of Compulsory Licensing and Parallel Import." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/88344451975667426631.
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碩士國立臺北大學
法學系
94
Ever since being created, patent system has provided R&D incentives in all fields of industries and played an important role in the innovation of technologies, while developed countries urging for the adoption of an international treaty providing universal protection for inventors to protect domestic industries more efficiently. Recent years, however .for the eruption of pandemics and difficulties to obtain patent drugs, voices have been heard to use compulsory licensing and parallel import as a way to effectively resolve pharmaceutical supply issue and balancing the interests between inventors and public interests which later being recognized among the nations around the world. However, whether this problem could be solved or not lies not in the adoption of a certain system, but whether the system itself fits the current situation, using compulsory licensing and parallel import is not the necessary means to solve this problem. This study uses the literature analysis method and comparison among different legal systems to examine compulsory licensing and parallel import while proposing a proper approach toward pharmaceutical supply crisis. In section two of this study is the introduction of pharmaceutical patent system, while first introducing the evolution of patent system and discussing the underlying purpose of it. Later on, this section will examine the importance of patent system to the pharmaceutical industry. In section three, I will analysis the origin of the drug supply crisis and the reactions took by every nations while understanding the agreement reached among nations to balance private interest and public interest and the way to implement it. In addition, in section four and five of this study I will discuss compulsory licensing and parallel import. In section four I will first discuss the origin and purpose of compulsory licensing, later on examining the limits and utilities of it through academic theories and legal systems of other nations. After that, by comparing current legal system, I will point out possible flaws in our patent act and proposing recommendations. In section five, after defining the definition of parallel import and existing forms, examining the possibility of allowing parallel import through academic opinions and standpoints of other nations, and propose my own opinion on it. Finally in section six, I will summarize the opinions mentioned in the study and raise my opinion on compulsory licensing and parallel import. By proposing possible recommendation on drug supplies, I wish to find a way to solve the crisis while not contradicting current situation, and protecting interests of inventors while preserving public welfare and promoting technology advancement.
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Cardoso, Álvaro José Encarnação. "A influência dos impostos na economia não registada em Portugal." Master's thesis, 2014. http://hdl.handle.net/10400.1/8278.
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Dissertação de mestrado, Contabilidade, Faculdade de Economia, Universidade do Algarve, 2014O presente estudo relaciona a fiscalidade com a economia não registada, de forma a verificar se o aumento dos impostos, das contribuições sociais e as alterações na complexidade fiscal, aumentam o nível da economia não registada. O estudo foi efetuado no contexto português com dados referentes ao período 1995 – 2013. Na análise dos dados foi utilizado o modelo de regressão linear múltiplo. Os resultados obtidos confirmam que o aumento dos impostos indiretos e das contribuições sociais aumentam o nível da economia não registada. Ao contrário, não se confirmou que o aumento dos impostos diretos e da complexidade fiscal aumentem o nível da economia não registada. O principal contributo do presente estudo é ter evidenciado que mais do que o aumento da carga fiscal é o aumento dos impostos indiretos e das contribuições sociais que explicam o aumento da economia informal.