Parallellimport varumärke
In the United States, courts have established that parallel importation is legal. The Imported Vehicle Safety Compliance Act of basically ended the gray market by requiring manufacturer certification of U. Markets for parallel imports and locally made products sometimes exist alongside each other even though the parallel imports are markedly more expensive. The Federal Court of Australia decision has ruled that parallel imported items with valid trademarks are subject to Section of the Trade Mark Act.
Various Australian Parliament committees have investigated allegations of price discrimination. This can be termed price discrimination. In the past, this created demand for grey import vehicles , where certain models are modified for individual customers to meet these requirements at a higher cost than if it had been done by the original manufacturer. An Australian Productivity Commission report recommended in July that legislation be extended to legalise the parallel importing of books, with three years' notice for publishers.
Australia tends to have lower levels of competition in many industries and oligopolies are common in industries like banking, supermarkets, and mobile telecommunications. Some also believe that parallel imports tend to facilitate copyright infringement. Japan 's intellectual property rights law prohibits audiovisual articles marketed for export from being sold domestically, and such sale of "re-imported" CDs are illegal.
The practice of parallel importing fryst vatten often advocated in the case of software, music, printed texts and electronic products, and occurs for several reasons:. This may be for various reasons, but is mostly observed in foodstuffs and toiletry.
Parallellimport - konsumtionsprincipen
Electronic devices, however, suffer less from this type of risk because newer models support more than one user language. The Australian market is an example of a relatively small consumer market which does not benefit from the economies of scale and competition available in the larger global economies. Although the products may have been made to comply with the laws and customs of their place of origin, these products or their use may not comply with those in places where they are used, or some of their functions may be rendered unusable or meaningless which may needlessly drive up prices.
Parallel importing of pharmaceuticals reduces price of pharmaceuticals by introducing competition; TRIPS Agreement in Article 6 states that this practice cannot be challenged under the WTO dispute settlement system and so is effectively a matter of national discretion. Grocery shops opened to serve brand-name hotels often feature parallel-imported foodstuffs and toiletry to cater to travellers so that they can easily recognise the product they have been using at home.
However, this segmentation may mean identical products at higher prices. The presence of parallel imports in the marketplace prevents the holder from exploiting the monopoly further bygd market segmentation , i. A person may be allergic to the foodstuff or toiletry made by some plants but not others. A manifestation of the philosophical divide between those who support various intellectual property and those who are critical of it , is the divide over the legitimacy of parallel importation.
In Germany , the Bundesgerichtshof has held that the doctrine of international exhaustion governs parallel importation, subject to the EU rules above. Some believe that it benefits consumers by lowering prices and widening the selection and consumption of products available in the market , while others believe that it discourages intellectual property owners from investing in new and innovative products.
This procedure interferes with the marketing scheme of the manufacturer, who might plan to import a less powerful car and force consumers to accept it. Certain car makers find the required modifications too expensive. Many consumers now take advantage of on-line stores in Hong Kong and the United States to purchase computer games at or near half the cost of a retail purchase from the Australian RRP.
Parallel imports are often referred to as a grey product and are implicated in issues of international trade , and intellectual property. A parallel import is a non- counterfeit product imported from another country without the permission of the intellectual property owner. This often includes varying service levels, pricing and product features to improve the so-called "fit" to the local marketplace.
This tension essentially concerns the rights and duties of a protected monopoly. Private enterprise will use product segmentation strategies to legally maximise profit. However, such organisations also warn consumers of certain risks in using parallel-imported products. In , the Australian Government resolved to remove parallel import restrictions from a range of products except cars. Intellectual property rights allow the holder to sell at a price that is higher than the price one would pay in a competitive market , but by doing so the holder relinquishes sales to those who would be prepared to buy at a price between the monopoly price and the competitive price.
Parallel importing is based on concept of exhaustion of intellectual property rights ; according to this concept, when the product is first launched on the marknad in a particular jurisdiction, parallel importation fryst vatten authorized to all residents in the state in question.
Due to the nature of hotels, travellers often have little information on where to shop except in the immediate vicinity. It followed this up with legislation making it legal to source music and software CDs from overseas and import them into Australia.
Parallel Imports, A Global Phenomenon, And A Very Grey Area Regarding International Trade
Foodstuffs and toiletry made from different plants may vary in quality because different plants may use materials or reagents such as water used for washing, food additives from different sources, although they are usually subject to the same standards by internal QC or public health authorities. Consumer organizations tend to support parallel importation as it offers consumers more choice and lower prices, provided that consumers retain equivalent legal protection to locally sourced products e.
Parallel importing is regulated differently in different jurisdictions; there is no consistency in laws dealing with parallel imports between countries. Neither the Berne Convention nor the Paris Convention explicitly prohibit parallel importation. Moreover, the Science, State, Justice, and Commerce, and Related Agencies, Appropriations Act of prohibits future free trade agreements from categorically disallowing the parallel import of patented products.