An Analysis of the Parallel Import of copyright works from the viewpoint of copyright and competition law
Date Issued
2008
Date
2008
Author(s)
Chen, Hao-Yun
Abstract
Parallel import of copyright works is the importation of goods without the authority of the copyright holder. In recent years the international trade of copyright works has been flourishing, and the discussion on parallel importation and exhaustion of copyright becomes ardent but divergent. However, the present regulations of parallel import in Taiwan are not appropriate theoretically and practically, thus the citizens in Taiwan offend against the rules unintentionally.his thesis is to analyze the complex situation of the parallel import of copyright works. Through the comparative analysis on American, European, Japanese, Australian and New Zealand law, it reveals that the countries such as U.S. and E.U. prefer to adopt national exhaustion or regional exhaustion to secure the rights and interests of copyright holders. On the contrary, countries like Japan, Australia and New Zealand take the side of international exhaustion for the purpose of stimulating competition in related markets and defending the interests of consumers. The regulatory diversity is mostly derived from the different administrative policies.ased on the comparative analysis from the aspect of copyright and competition law, this thesis attempts to constitute an adequate framework of the regulations of parallel import of copyright works. The thesis also aims at solving perplexing predicament in present regulation systems by addressing the legislative suggestions that relieve the Taiwanese consumers of potential improper criminal prosecutions.
Subjects
parallel import
distribution right
the doctrine of exhaustion
the first sale doctrine
importation right
SDGs
Type
thesis
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