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100 Parallel importation and trademark law in the Czech Republic, EU and USA Parallel imports are a non-counterfeit (genuine) goods, bearing a trademark, intended for sale in one country, but instead put on market without the consent of the trademark owner in another country. The price of parallelly imported good is actually lower than the price of the authorized good, due to several factors: currency exchange rates, laws, taxes, logistical expenditures etc. It is not only the price, but also other features of the merchandise, such as the appearance, required characteristics and customer safety measures that differ from the ones of the authorized goods. Such differences may damage the goodwill consumers associate with the trademark. Trademarks are protected dependently on national laws, therefore different countries address the issue differently. There is no international treaty that would solve the problem of parallel importation on international level. No consent has ever been unanimously reached. The issue of parallel importation is closely connected to the doctrine of exhaustion. Various countries apply national exhaustion whereas others apply international/global one. European Union developed specific type of regional exhaustion which means that once a trademark owner sells a good bearing the mark... |
