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|Other Titles:||Trademark Issues Regarding the Parallel Importation of Genuine Goods Based on 2003 Taiwan High Court Interpretation No. 2690 of the Judicial|
Genuine Goods;Parallel Import;Doctrine of Territoriality;Doctrine of exhaustion of Right
|Issue Date:||2016-08-31 16:35:43 (UTC+8)|
The function of the trade mark is to identify and distinguish particular goods possessing certain characteristics in composition, ingredients, quality and the like. Therefore, the trademark law is formulated to safeguard trademark rights, but also consumer’s interest. However, there are parallel imports existing in reality of trade. The parallel imports are generally defined as genuine goods, and are imported for sale into another country without the trademark owner's authorization. Parallel imports undermine normal distribution channels and frustrate authorized dealers who challenge the premiums paid to the trademark owner for genuine goods when competitors are underselling them. Due to various factors in each country, such as costs for local marketing, promotion, advertising, regulatory compliance and product liability should be passed along to local consumers. Therefore, trademark owners, their licensees and authorized distributors understandably believe that unauthorized distributors benefit unfairly by escaping these financial burdens. Besides, the parallel imports also cause negative consumer experiences that damage the goodwill and reputation of the trademarks. After the authorized distributors complain that they are being undersold, the licensees want to stop these parallel imports and the problem begins. National legal systems are remarkably inconsistent about whether and under what circumstances, parallel imports violate trademark laws. The national view depends largely upon how a trademark's function is defined and also upon whether the judicial precedents have sided with consumers or with manufacturers and distributors.
|Relation:||政大智慧財產評論, 4(2), 121-142|
NCCU Intellectual Property Review
|Appears in Collections:||[智慧財產評論] 期刊論文|
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