Trade Marks and Free Trade A Global Analysis
This book is the first study to examine the issue of the legality of parallel imports of trademarked goods under the most important legal systems on an international level, namely under GATT/WTO law, EU law and the laws of the ten major trading partners o
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Trade Marks and Free Trade A Global Analysis
Trade Marks and Free Trade
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Lazaros G. Grigoriadis
Trade Marks and Free Trade A Global Analysis
Lazaros G. Grigoriadis Faculty of Law Aristotle University of Thessaloniki Thessaloniki Greece
ISBN 978-3-319-04794-2 ISBN 978-3-319-04795-9 (eBook) DOI 10.1007/978-3-319-04795-9 Springer Cham Heidelberg New York Dordrecht London Library of Congress Control Number: 2014938098 © Springer International Publishing Switzerland 2014 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
To my beloved grandmother Sophia
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Preface
Perhaps one of the most trade-related issues in the field of intellectual property is exhaustion of rights together with the issue of parallel importation Thomas Cottier
Contrary to the other industrial property rights and also copyright,1 the legal protection of the right to the trademark is not dictated by the special value encompassed in its essence, namely the sign of which the trademark consists. It is dictated by the ability of the trademark to identify the origin of a product or service from a specific undertaking and to distinguish a product or a service from the products or services of another undertaking.2 This position is confirmed by the
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