This thesis analyses legislative and judicial responses to parallel importation, a practice that pits intellectual property rights against the freedom of trade. Parallel importation involves the sale of genuine products holding intellectual property rights which have been imported into a country without the authorization of the IP rightholder. This practice is opposed by those who claim that their rights are infringed. The author examines responses in Canada, the United States of America, and the European Union, and finds that they are not consistent. / The author questions the applicability of using intellectual property rights to stop parallel importation and whether such measures are necessary to protect intellectual property rights and consumer welfare. According to the author, it is more appropriate to address rightholder concerns contractually. Consumer welfare can be assured with a statutory requirement that products have sufficient labelling to prevent confusion as to their origin.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.20991 |
| Date | January 1997 |
| Creators | Osuna Páez, Maria Luisa. |
| Contributors | de Mestral, Armand (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001652130, proquestno: MQ50955, Theses scanned by UMI/ProQuest. |
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