News & Analysis as of

Grey Market

Grey Marketing – Still Not Black and White in Canada

by 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

Europe: Combatting illegal pharma trade

by 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

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

by 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

[Event] International Brand Protection and Enforcement: Best Practices and Key Insights for the United States, Europe, and China -...

Please join us for an interactive roundtable discussion with experienced trademark practitioners from the United States, Europe, and China, offering industry considerations and practical insights on where the laws and...more

Abbott Secures Preliminary Injunction in Gray Market Case

by 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

German Retail Investor Protection Act

by 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

Greater Protection Against Fake Goods In EU As Of 1 January 2014

by DLA Piper on

Right holders are faced with an ever increasing battle against fake goods. The European Union Anti-Piracy Regulation offers an effective first-line defense against fake goods....more

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

by 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

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

by 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

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

by 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

Intellectual Property Newsletter - March 2013

by 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

U.S. Supreme Court Creates Challenges for International Producers of Copyrighted Works in Kirtsaeng First Sale Doctrine Decision

by Ropes & Gray LLP on

In a March 19, 2013 decision in Kirtsaeng v John Wiley & Sons, Inc., the Supreme Court turned aside copyright owners’ attempts to draw geographic limits around the application of the “first sale” doctrine, holding that the...more

Supreme Court Applies “First Sale” Doctrine to Foreign-Made Copyrighted Goods

by White & Case LLP on

The Supreme Court ruled in Kirtsaeng v. John Wiley & Sons, Inc. that copyright law does not prohibit the unauthorized importation and sale of copyrighted goods manufactured outside the United States. This decision, which...more

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

by 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

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

by 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

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

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

by 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

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

by 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

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

by 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

Maintaining Our Focus - Winter 2013

by 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

SCOTUS Takes "Grey Market" Goods Resale Case

by Bloomberg Law on

April 20 (Bloomberg Law) -- This week the U.S. Supreme Court agreed to consider whether discount retailers violate copyright laws by selling tens of billions of dollars in "grey market" products that were first bought...more

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