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.
Since the introduction of economic reforms and an open door policy in 1978, China has been proclaimed as "the emerging powerhouse of the twenty-first century." The Chinese market's attractiveness to international marketers has also received significant boost as a result of the country's admission into the World Trade Organization (WTO). Accordingly, advertisers look at China and perceive tremendous opportunity in 1.3 billion Chinese consumers which represents one-fifth of the world population in what is called the world's largest market. Being viewed as a new frontier for consumer good investment does not mean that advertising in China is simple. On the contrary, many Western business firms which have invested their capital into Chinese businesses have suffered setbacks or even failure. Thus, it is important to understand that despite the dramatic impact of economic reform and the drive for modernization over the past two decades, the Chinese market has many special characteristics that make it a challenging place in which to do business including making advertising in this market . This book examines the key barriers/constraints that foreign firms should be mindful of in order to develop a viable advertising strategy in a changing China in which abundant opportunities await those that can fulfill it.
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