Ipkat Mass Notice: Thomas Hays’ Parallel Importation Nether European Matrimony Police Pull

has received a review re-create of Thomas Hays’ Parallel Importation Under European Law. The European Court of Justice has lately developed a large torso of jurisprudence onn this subject, incidentally reaching out towards topics such every bit the burden of proof inwards infringement litigation (Van Doren), repackaging (Boehringer Ingelheim), defacement of barcodes (Loendersloot), resale inwards a downmarket agency (Dior) - the listing goes on together with on.

Dr Hays' majority is the get-go major concern human relationship of parallel importation together with the grayish goods phenomenon since this recent blossoming of the ECJ's illustration law. In his analysis he brings to demeanour his enthusiasm for European intellectual belongings law, eschewing a parochial approach for a to a greater extent than appropriately European panoramic vista. Nor does he bound his give-and-take to consideration alone of the mainstream IP rights: the demeanour on of exhaustion principles upon fifty-fifty such rarely litigated fields every bit the protection of seeds amd semiconductor topographies is brought to the reader's attention.

Published past times Sweet & Maxwell on 31 Dec 2003, this handsome hardback majority undertakes a wide-ranging consideration of what the writer describes every bit the “agent provocateur of European intellectual belongings law”, so-called because the concept “tests the attain of exclusive rights together with their relationships to overarching needs of Common Market integration”. The comprehensive exam consists of:

1.Introduction (examining commercial together with moral aspects of parallel trade, also its legal nature).
2.Free movement together with marketplace lay integration.
3.Pharmaceuticals, relabelling, repackaging together with rebranding
4.Anticompetitive agreements
5.Abuses of dominant positions
6.Royalty collecting societies together with merchandise associations, car together with cinema distribution
7.Trade grade harmonisation together with the exhaustion of rights
8.Davidoff, consent together with the burden of proof
9.Copyrights, designs, patents, seeds together with semiconductors
10.Conclusion

At £175, the IPKat thinks that this operate is a worthy improver to the bookshelves of those interested inwards contest law, also every bit mainstream IP enthusiasts.

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