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Grey Market

Smart & Biggar

Grey Marketing – Still Not Black and White in Canada

Smart & Biggar on

Grey marketing, sometimes referred to as “parallel importation”, is the diversion of goods, originally intended for sale only in certain countries, to other countries where they were not intended to be sold. The goods are not...more

Hogan Lovells

Europe: Combatting illegal pharma trade

Hogan Lovells on

We are delighted to announce the launch of our Combatting illegal pharma trade enforcement guide. This publication is a pharmaceutical industry-specific brochure which complements our suite of brand and trademark protection...more

Hogan Lovells

Combatting illegal pharma trade: Combatting black and grey markets for the pharmaceutical industry

Hogan Lovells on

Focus I: International black market trade - Among the industries that suffer most from black and grey market activities, the pharmaceutical sector sadly holds one of the top positions. The World Health Organization (WHO)...more

McGuireWoods LLP

Abbott Secures Preliminary Injunction in Gray Market Case

McGuireWoods LLP on

On November 6, 2015, Abbott Laboratories and its diabetes care units secured a preliminary injunction against multiple pharmacies, distributors and associated individuals engaged in the sale of gray market Abbott FreeStyle...more

Dechert LLP

German Retail Investor Protection Act

Dechert LLP on

The German Federal Ministry of Finance published the draft Retail Investor Protection Act (Kleinanlegerschutzgesetz, or Act)1 on 28 July 2014. The Act is intended to strengthen the protection of German retail investors – in...more

Knobbe Martens

Copyright exhaustion in the US: what the Kirtsaeng and ReDigi decisions tell us about the future of the first sale doctrine and...

Knobbe Martens on

The concept of copyright ‘exhaustion’, or the ‘first sale’ doctrine, refers to the principle that once a copyright owner places a copyrighted item in the stream of commerce by selling it, they have exhausted their exclusive...more

Snell & Wilmer

Global Connection - May 2013: Counterfeit Electronic Components in the Supply Chain—Avoiding and Coping with U.S. Customs...

Snell & Wilmer on

On May 21, 2012, the Senate Armed Services Committee issued a report of its inquiry into counterfeit parts in the Department of Defense Supply Chain. The Committee’s report stated that the problem of counterfeit electronic...more

Buchalter

Protecting Your Products in Light of the U.S. Supreme Court's Holding That A Copyright Owner Only Controls the "First Sale" of a...

Buchalter on

A copyright affords the copyright owner with “exclusive rights”. One such right is “to distribute… copies of [a] copyrighted work”under 17 U.S.C. § 106(3). Under the first sale doctrine, “The owner of a particular...more

King & Spalding

Intellectual Property Newsletter - March 2013

King & Spalding on

*News from the Bench: - First Sale Doctrine Applies To Copyrighted Works Lawfully Made Abroad. - Dissenting Federal Circuit Judges Abide By The Akamai Standard. - More On Joint Infringement and The Akamai...more

Carlton Fields

U.S. Supreme Court Applies "First Sale" Copyright Doctrine To Allow Import And Sale Of Gray Goods

Carlton Fields on

On March 19, the United States Supreme Court in Kirtsaeng v. John Wiley & Sons, Inc., 2013 WL 1104736, held that the "first sale" doctrine, as codified in the Copyright Act, applies to copyrighted works lawfully manufactured...more

Foley & Lardner LLP

Copyright and Patent Implications of Supreme Court's First Sale Doctrine Ruling

Foley & Lardner LLP on

In a 6-3 decision issued on March 19, 2013, the U.S. Supreme Court held that the first sale doctrine, which allows the owner of a “lawfully made” copy of a copyrighted work to freely sell it, also applies to the resale of...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Clarifies "First-Sale" Doctrine's Applicability to Copyrighted Works Manufactured Abroad

On March 19, 2013, the U.S. Supreme Court issued a decision clarifying the bounds of copyright owners' rights in the global marketplace. In Kirtsaeng, dba BlueChristine99 v. John Wiley & Sons, Inc.,1 the Court held that the...more

Akerman LLP

U.S. Supreme Court Allows Wily Gray-Market Imports

Akerman LLP on

The U.S. Supreme Court has settled the long-open question of whether U.S. copyright holders can prevent the importation of gray market products in Tuesday's decision Kirtsaeng v. John Wiley & Sons, Inc., 568 U.S. _____, No....more

McDermott Will & Emery

“First Sale” Doctrine Applies to Works Lawfully Made Abroad and Imported to the United States

McDermott Will & Emery on

In a decision that may significantly impact international production and distribution practices for copyrighted works, the Supreme Court of the United States on Tuesday found that the Copyright Act’s first sale doctrine was...more

Fenwick & West LLP

Copyright Alert: Kirtsaeng v. John Wiley & Sons - USSC Holds First Sale Doctrine Applies to Foreign-Made Works, Limits...

Fenwick & West LLP on

Resolving the long legal struggle over the scope of the Copyright Act's provision governing the right of copyright owners to control imports, the Supreme Court held on Tuesday that the first sale doctrine embodied in 17...more

Burns & Levinson LLP

Maintaining Our Focus - Winter 2013

Burns & Levinson LLP on

In This Issue: - Message from the Managing Partner - Amazing Clients®: ACell: Medical Miracles - The Age of Bionic Reconstruction Arrives - Rethinking Today’s “Fixed Income” Investments - Can Gray...more

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