Frankel Susy, The Dynamic and Unsettled Evolution of Parallel Importing

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Opublikowano: ZNUJ. PPWI 2017/3/24-36
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The Dynamic and Unsettled Evolution of Parallel Importing

Unlike the Court's holding, my position is consistent with the stance the United States has taken in international-trade negotiations....The court today answers [whether owners of US copyrights could retain control over the importation of copies manufactured and sold abroad] with a resounding „no” and in doing so, it risks undermining the United States' credibility on the world stage. While the Government has urged our trading partners to refrain from adopting international-exhaustion regimes that could benefit consumers within their borders but would impact adversely on intellectual property producers in the United States. The court embraces an international-exhaustion rule that could benefit U.S consumers but would likely disadvantage foreign holders of U.S copyrights. This dissonance scarcely enhances the United States' „role as a trusted partner in multilateral endeavors” .

The above quote that is part of a dissenting judgment of Justice Ginsburg shows how the United States'...

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