Ensamrätt vid import - Företagande.se

Parallellimport och konsumtion av varumärkesrätten

Parallel imports from countries both outside and inside the European Economic Area (EEA) are to be found in a large number of trade sectors, such as clothing, footwear, capital goods, cars, pharmaceuticals, etc. In brief, parallel imports involve importing certain products, usually trademark-protected, through sales Parallel imports (or gray market goods) refer to branded goods that are imported into a market and sold there without the trademark owner’s consent in that market. The goods have been manufactured by or under license of the brand owner and therefore are not counterfeit, Parallel import in the European Union is the perfectly legal activity under Art. 28-30 EC of buying goods in a low-price country in order to ship and sell them in a high-price country. The volume of parallel imports of proprietary medicinal products within the European Union is significant, on account of differences in the prices set by national governments in the health sector. The Commission accepts that parallel trade is lawful based on the principle of the free movement of goods, provided that it does not pose a threat either to public health or to industrial and commercial property. 2018-09-17 Since the failure of a Commission proposal on parallel imports in 1981, the EU institutions have not managed to come to any legislative agreement in this field. RELATED ACTS.

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We develop a  eur-lex.europa.eu. However, this is only true if parallel import and exports are not made more difficult and if consumers in other Member States can also take  Parallel import in the European Union is the perfectly legal activity under Art. 28-30 EC of buying goods in a low-price country in order to ship  parallel import. finanser / handelsutbyte / hälsa / forskning och immateriell äganderätt - iate.europa.eu. De tekniska skyddsåtgärderna bör dock inte missbrukas i  av E Eriksson · 2014 — parallellimport av immaterialrättsligt skyddade läkemedel. Erika Eriksson parallellimport inom EU/EES med avsikt att dels bestämma gällande rätt och dels analysera parallel trade and community competition law.

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The goods have been manufactured by or under license of the brand owner and therefore are not counterfeit, but they may have been formulated or packaged for a particular jurisdiction and are imported into a different jurisdiction in contradiction to the brand owner’s intention. Parallel imports, or ‘grey market’ goods, are genuine goods that are placed on the market by, or with the consent of, the rights holder but are imported for sale into a particular market without the rights holder’s consent.

Föreskriften om parallel import av läkemedelspreparat har

Se hela listan på cbg-meb.nl The provisions of the Competition Act are infringed only where the obstruction of parallel imports restricts competition within the parameters of the Maltese market. Until Malta becomes an EU Member State, the scope of the local competition rules ought to be that of achieving the aims of economic efficiency and consumer welfare. Highlights, press releases and speeches Parallel imports are branded goods that are imported into the EU from countries which sell those goods at a lower price. The importers are therefore able to sell the goods more cheaply than the trade mark holder intends. The system of preventing parallel imports is known as the exhaustion system. 5. Impact on parallel trade.

2018-09-17 Since the failure of a Commission proposal on parallel imports in 1981, the EU institutions have not managed to come to any legislative agreement in this field. RELATED ACTS. Communication from the Commission of 6 May 1982 on parallel imports of proprietary medicinal products … 2016-12-01 Parallel imports occur where those goods are bought up, most often in a territory where they are cheaper, and imported into another territory where they are sold for a profit. This is a concern for trade mark proprietors because, for example, they may have intended the specific product to be sold outside the EU. Parallel imports are particularly common in the field of pharmaceuticals and medicines, due to the significant difference in pricing across the EU Member States. Importers purchase goods that have already been placed on the market in the EEA and then import … The EU Commission’s position is that parallel imports increase price competition as the import of goods from a country with lower prices forces sellers in the country of destination to reduce prices. Parallel imports are original European supply sourced in another country of the EU/EEA and totally adapted to the destination market. These medicines are 100% safe, as parallel traders are subject to the same regulatory requirements as manufacturers of the branded or generic pharmaceuticals, and they have to undergo regular inspections by the competent authorities.
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Parallel Import.

I accept cookies. I refuse cookies. Version: 1.0.12 Last modified: Wed Nov 25 2020 04:36:00 GMT-0800 (Pacific Standard Time) Parallel export and import.
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Parallel-Import Archives - EUPATI Toolbox

The EU Anti-piracy Regulation  The parallel trade of medicinal products is based on the principle of the free movement of goods within the internal market of the EU (articles 28-30 of the EC   Parallel importers will need proactive regulatory planning under the EU FMD. Understand these complex requirements and see how we can help. The European Court of Justice is now having to decide whether to uphold international or EU exhaustion of rights. In recent decisions, in trade mark cases at least,  the free movement of goods in the EU internal market enable parallel trade, implying that goods that were placed on the market in one country can be exported  Jul 27, 2015 Parallel importers generate profit by buying goods in one EU Member State at a relatively low price and subsequently reselling them in another  Apr 29, 2014 Parallel trade, the free movement of goods across Europe from share of parallel imports in pharmacy sales in Denmark, Ireland, Netherlands,  Parallel import in the European Union is the perfectly legal activity under Art. The pharmaceutical market in Europe is subject to the subsidiartiy principle of Art. made with goods originating in the eU and subse- quently re-imported into the eU as such re-imports may be legitimate under the eU parallel import regime.