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In order to analyse the impact of the expansion of trade mark protection on the parallel…
In the second section, we will focus on the exhaustion regime which the European…
In the second sub-section, we will examine the development of the CJEU’s case law…
Then, we will analyse the jurisprudence that the CJEU has developed in relation to…
We will also analyse the expansion of the criteria set up for the repackaging in…
We will finally analyse each criterion distinctly which was set up in Bristol-Myers v. Paranova in…
There is a crucial importance of the judgments such as Christian Dior v Evora,…
5.2. Parallel Importation
A basic definition of parallel importing was given by Horner in the late 1980s as…
However, much clear and detailed version of the parallel importation was defined…
Based on these definitions, parallel importation can be described with two significant…
However, traders engage in parallel trading if there is a difference between the…
There might be several reasons why same products of a particular trade mark may be…
Having said this, price discrimination might be the reason for different prices of…
Moreover, some national markets may have strict government price controls on specific…
Firms may also charge different prices for products of the same brand in different…
It is important to note that price differences for the same trademarked product on…
Resale of parallel imports on a national market, where they have already been marketed…
However, it was argued that intra-brand competition in a national market due to parallel…
Moreover, the economic pressure of parallel importing in knowledge-intensive sectors…
It was also argued that the full benefits of price differential may not be passed…
Another serious criticism made of parallel imports is in relation to the warranty…
Despite the on-going arguments as to the economic concept of it, parallel importing…
In addition to these products, REMIT Consultants prepared for the European Commission…
As can be understood from the estimated market values of parallel imports, parallel…
From legal point of view, trade mark right holders argue that same products bearing…
” [t]he property rights [of the trade mark holder] have been used up. The owner of…
It is a matter of policy for a country to determine whether, or to what extent, traders…
The first one is national exhaustion, under which trade mark rights end upon first…
The second one is international exhaustion, under which trade mark rights are exhausted…
The third one is regional exhaustion, under which trade mark rights end upon original…
As mentioned above, an exhaustion regime that a country opts to adopt has remarkable…
In this chapter, we will focus on the European exhaustion regime which aims to balance…
The collection of rights that accrues to a trade mark owner includes the right to…
We already examined in the previous chapters that the scope of the exclusive rights…
5.3. European Exhaustion Doctrine
5.3.1. Development of the Doctrine before the Trade Mark Directive
Six European countries came together and signed the Treaty of Rome, establishing…
According to the principle of the “free movement of goods”, trademarked products…
Having said this, another provision of the Rome Treaty constitutes an exception to…
In order to prevent trade mark rights from being barriers to the creation of the…
This jurisprudence that the ECJ developed before Trade Mark Directive came into force…
The first doctrine that the CJEU created in an attempt to resolve the conflict…
In the CJEU’s judgement, Consten argued that the Commission was not entitled to apply…
The CJEU responded by saying that the Commission’s decision did not affect the grant…
”The injunction [contained in the Commission’s decision] not to use national law…
In doing so, the CJEU appeared to recognise that Article 222 merely prevented the…
This doctrine was also criticised on the ground that it is impossible in legal theory…
The CJEU elaborated on the general concept of European exhaustion doctrine in Deutsche Grammophon v Metro in…
In Deutsche Grammophon v Metro, Deutsche Grammophon sold its records in Germany…
“Although Article [30] permits prohibitions or restrictions on the free movements…
The exercise of intellectual property rights in a way that limits parallel trade…
Although the judgment of the CJEU in Deutsche Grammophon v Metro does not…
