48 pages / Policy on the parallel imports of medicines is being debated currently in Korea. This paper looks at several countries' trends, the Trade-Related Aspects of Intellectual Property Rights Agreement, and the Korean golf market to search for policy ideas. A simple consumer welfare benefit-cost and sensitivity analysis shows that parallel imports give not only consumers' surplus on parallel imported golf clubs, but also a much larger consumers' surplus on authorized brand versions.This paper makes the following recommendations: First, parallel imports should be permitted according to the principle of free trade, if the cost of parallel imports to the country is not much larger than the benefit. Second, even if parallel impmts are pem1itted, some exceptional cases should be allowed where international exhaustion is problematic. Third, governmental intervention, a clear labeling system, for example, is required to protect consumers, and help consumers make rational choices. / Note: This digital copy was scanned from a personal copy, and contains some underlining and marginalia.

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The thesis focuses on the concept of parallel imports in the Czech law in light of the judicature of the European Court of Justice. In the first part of the thesis, after a brief introduction to the Czech trademark law, the thesis seeks to define the individual competencies of trademark owners and their restrictions, with an emphasis on the concept of exhaustion of the rights towards the trademark. The second part of the thesis focuses exclusively on the concept of parallel imports within the European Union and the European Economic Area and their impact on the internal market. The issue of exhaustion of the ownerʼs rights towards the trademark, being closely related to parallel imports and without which parallel imports as such could not exist, represent a key part of the European Court of Justiceʼs rulings. The analysis of the rulings conducted in the thesis demonstrates that the possibilities of trademark owners to inhibit parallel imports are significantly limited and that the European Court of Justice tends to assign greater importance to protecting the internal market than to protecting the subjective rights of the trademark owners.

Parallel imports and trademark law in the Czech Republic This thesis goal is to provide a basic introduction to Czech trademark law and to analyse parallel imports. I wanted to emphasize the "exhaustion of rights "principle in the context of the law of the European Union also in the context of law in the Czech Republic. It covers some of the most intriguing aspects of parallel imports for example "placed on the market", "consent of a trade mark owner", "repackaging and other changed of the parallel imported goods "by examining the most important Court of Justice of the European Union (before European Court of Justice) decisions that have set a solid legal environment and use them to explain how parallel imports have evolved. The thesis focuses on Czech and European trademark law and parallel imports in the law of the Czech Republic, as a member state of European Union. At the first part of thesis I explain what is trademark law, it's sense and intent in general. I also examine the fundamental sources of Czech national trademark law, trademark law of the European Union and international law. Which is followed by description what a "trademark" is and which trademarks are protected in Czech Republic, their functions and "trademark owners" as a basics terminology of trademark law in Czech Republic. Next part...

IN ENGLISH Trade mark law and the issues of parallel imports under Czech law The purpose of the thesis is to analyze the trade mark law and the issues of parallel imports under Czech law. The thesis describes the present situation in the Czech Republic, points out the influence of the European Union and considers the impact of the current regulation of parallel imports concerning trademarked goods. The paper also focuses on the court decisions of the Court of Justice of the European Union which have great effect on the law effective in the Czech Republic. The reason for my research is the ongoing international discussion on that topic and the necessity to find balance among contrary interests of trademark owners, parallel importers and consumers. The aim of the thesis is presented at the beginning. The next chapter of the thesis is introductory and defines basic terminology in general. The third chapter looks at the Czech legislation connected to the topic and highlights its connection to the European law. The next section analyzes the law of the European Union and is subdivided into three parts. The first part outlines the historical context and sets out the basic facts. The next part is concerned with a leading principle used in the European Union - the principle of community exhaustion. The last...

<p>Parallel imports often lead to lowered prices and is therefore regarded as good from a consumer's point of view. From a business'point of view this is not always the case. When do parallel imports occur? Is it possible to prevent parallel imports to protect an introduction of a product in another member state? The purpose of this thesis is to present situations where parallel imports occur and to see if it is compatible with competition law to prevent parallel imports. Furthermore I will analyse the future development after the group exemption of vertical restraints enters into force in June 2000. RESULTS: I believe that the group exemption of verical restraints will lead to an increasing amount of businesses setting up in other countries. As a result of the increasing internationalisation, prices will fall which leads to decreasing parallel imports. I also consider that it should be possible to prevent parallel imports for a short time in order to protect an introduction abroad.</p>

Parallel imports often lead to lowered prices and is therefore regarded as good from a consumer's point of view. From a business'point of view this is not always the case. When do parallel imports occur? Is it possible to prevent parallel imports to protect an introduction of a product in another member state? The purpose of this thesis is to present situations where parallel imports occur and to see if it is compatible with competition law to prevent parallel imports. Furthermore I will analyse the future development after the group exemption of vertical restraints enters into force in June 2000. RESULTS: I believe that the group exemption of verical restraints will lead to an increasing amount of businesses setting up in other countries. As a result of the increasing internationalisation, prices will fall which leads to decreasing parallel imports. I also consider that it should be possible to prevent parallel imports for a short time in order to protect an introduction abroad.

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The purpose of the thesis is to analyse the phenomenon of parallel imports, define the pros and cons of parallel trade for respective entities and also society as a whole as well as describe how the trademark law may influence parallel importation of trademarked goods. In addition, the thesis analyses individual means of legal protection against parallel imports identified as illegal. After the introduction summarizing why it is appropriate to deal with the parallel importation phenomenon, the second part of the thesis describes the basic concepts in the context of parallel import issues: trademarks, parallel imports and exhaustion of trademark rights. The second part also describes the positive and negative impacts of parallel trade and why the doctrine of exhaustion of trademark rights appears to be the most appropriate way how to solve the difficulties in the relationship between trademark owners and parallel importers. The third part of the thesis aims to provide a reader with the basic sources of law which affect the phenomenon of parallel importation from the trademark law's point of view. As it follows from the third part of the thesis and also the whole work, the key legal source for the European region, including the Czech Republic, is the law of the European Union together with the case...

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