Unit:
Κατεύθυνση Άυλα Αγαθά και ΑνταγωνισμόςLibrary of the School of Law
Supervisors info:
Χρήστος Χρυσάνθης, Επίκουρος Καθηγητής, Νομική Σχολή Πανεπιστημίου Αθηνών
Original Title:
Η ανάλωση του δικαιώματος στο δίκαιο του σήματος (παράλληλες εισαγωγές)
Translated title:
The Exhaustion in Trademark Law (parallel imports)
Summary:
This thesis refers to the appliance of the exhaustion doctrine in European Trademark Law. It examines the conditions and consequences of applying the doctrine under trademark law, as well as the Competition Law issues raised by parallel imports. The exhaustion doctrine applies when the first sale of the products labeled by the rights holder or with his consent happens, within the European Economic Area. Under the conditions laid down by the law for exhaustion doctrine, it is considered that the rights holder loses the exclusivity in the distribution of the product when he obtains the financial consideration of the first sale. This is also the starting point for the development of parallel trade. Non-authorized distributors can now obtain and re-import the labeled product, so that the rights holder of the trademark is no longer able to distribute the products without competition, except where exhaustion doctrine is excluded under the provisions and case law. Parallel imports compete with the official network of authorized distributors, and that is why we call parallel imports “gray market”. From this point of view, there are issues that are solved by Competition law. Competition Law also develops a complementary function to protect right holders against parallel imports that are contrary to good morals, but under trademark law have not been found to be illegal. At the next part of this thesis, legal regulations are assessed on an economic level, especially the ban on international exhaustion. The choice of the European legislator not to adopt international exhaustion has been criticized. At the end of this thesis, there is a comparison with the American Law on the issues under consideration so as to make the assessment more obvious. Contrary to the European legislator's provisions against international exhaustion, USA law contains liberal provisions. The crucial factor, however, for the valuation of the legal provisions is the promotion of economic efficiency and the compliance with the modern economic reality.
Main subject category:
Law and Legislation
Other subject categories:
Law of Competition
Keywords:
Trademark, Trademark Law, Industrial Property Law, Exhaustion Doctrine, Parallel imports, European Union Law, American Law
Number of references:
224
