Parallel Imports and IP Rights with Specific Regards to Macao

Parallel Imports and IP Rights with Specific Regards to Macao
Augusto Teixeira Garcia

ISBN 9789041199263
Kluwer Law International

Parallel imports or grey market goods refer to goods that incorporate an intellectual property right (IPR) (patent, copyright or trade mark), brought into a national territory outside the distribution channels established in that territory by IPR holder or his licensee, after the goods have been legitimately placed into commerce in another country by the IPR owner or with his consent. Parallel imports thus refer to legitimate goods, not counterfeit ones. Although they may differ in their composition (to suit the different tastes of consumers in a certain place1), be presented in a different package (demanded by the specific characteristics of the market) or not carry the original manufacturer’s warranty, parallel imports are always goods that have not only been manufactured according to the IPR owner’s specifications, but also with his authorisation, either directly or by an affiliate (i.e., exclusive dealers; licensees, etc.).