Managing Intellectual Property

Combat grey market goods in the US

01 November 2008

Case law surrounding grey market goods is still developing in the United States, but Ronald Dove and Hope Hamilton suggest some practical strategies for successfully preventing their importation and distribution

Grey market goods, also known as parallel imports, are genuine products protected by copyright, trade mark or patent rights that are imported into a country without the authority of the IP rights owner in that country. It is estimated that tens of billions of dollars are lost annually to grey market sales. The problem is exacerbated by the expanding and borderless internet marketplace and will almost certainly worsen as the global economy slips into recession. Notwithstanding this growing problem, a broad base of IP owners, including in the fields of luxury goods, information technology, publishing, software and pharmaceuticals, persist in their efforts to tackle the grey market, with notable success....



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