Detail Intellectual property and gray marketing: legal issues and implications   Oleh:  Onkvisit, Sak ; Combs, Howard W. Jenis: Article from Proceeding Dalam koleksi: SIBR-Thammasat 2014 Conference on Interdisciplinary Business & Economics Research June 5th- 7th, 2014 di Emerald Hotel Bangkok, page 1. Topik: gray marketing; intellectual property. Fulltext: b14-076.pdf (12.85KB) Isi artikel An individual or company has a number of legal means to protect one’s intellectual property rights. The legal methods include patent, copyright, and trademark. While these legal options prohibit illegal copying of a product in question, they may not necessarily prevent gray marketing. Gray market products are “genuine” products produced by owners of intellectual property. Such products are not illegal copies. Gray marketing occurs when an unauthorized party imports a product into a country without the permission of the manufacturer and/or its authorized dealer(s). Typically, a gray marketer buys a product in a low-price country and re-sells it in a high-price country, thus playing arbitrage and benefiting from the price differential. The legality of this practice is not black and white and more of a shade of gray. This paper discusses the legal issues related to the practice of gray marketing. The focus is on an authorized importation of a patented, copyrighted, or trademarked product. In particular, the paper examines two recent decisions of the U.S. Supreme Court. The decisions have addressed whether copyrighted watches and textbooks could be imported and sold without the consent of the copyright holders. One issue is whether the “first sale doctrine” applies to products that are produced inside and outside of the home of the copyright holders. With some caveats, it appears that the law is on the side of gray marketers. Keywords: gray marketing, Opini Anda Klik untuk menuliskan opini Anda tentang koleksi ini! Kembali

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