Parallel Importation of Patented Products in Pakistan: The Need for a Modern Patent Regime in Light of the Shanghai Cooperation Organization
Parallel Importation of Patented Products in Pakistan: The Need for a Modern Patent Regime in Light of the Shanghai Cooperation Organization
Muhammad Salman Shafiq(Zhejiang University)
17권 2호, 263~280쪽
초록
Parallel importation of patented products, “first sale doctrine,” is an effective and efficient way of handling the importation of patent-protected goods. The national exhaustion idea is being used in Pakistan regarding patent exhaustion. Market competition and lower pricing phenomena are affected by this strategy. Case studies from the European Union (EU), the United States (US) and China are used to show how businesses can protect consumers’ rights by parallel imports. The US and China follow international exhaustion whereas the EU follows the regional exhaustion principle, which is comparable with Pakistan concerning the Shanghai Cooperation Organization (SCO). By finding lower-priced products, promoting international economic integration and regional collaboration with SCO, Pakistan can avail better investment opportunities. Case studies show result-oriented efforts regarding the implementation of the international parallel exhaustion strategy. Study recommends raising awareness and enhancing legal clarity, IP protection, and stakeholder input to ensure compliance with an international exhaustion system.
Abstract
Parallel importation of patented products, “first sale doctrine,” is an effective and efficient way of handling the importation of patent-protected goods. The national exhaustion idea is being used in Pakistan regarding patent exhaustion. Market competition and lower pricing phenomena are affected by this strategy. Case studies from the European Union (EU), the United States (US) and China are used to show how businesses can protect consumers’ rights by parallel imports. The US and China follow international exhaustion whereas the EU follows the regional exhaustion principle, which is comparable with Pakistan concerning the Shanghai Cooperation Organization (SCO). By finding lower-priced products, promoting international economic integration and regional collaboration with SCO, Pakistan can avail better investment opportunities. Case studies show result-oriented efforts regarding the implementation of the international parallel exhaustion strategy. Study recommends raising awareness and enhancing legal clarity, IP protection, and stakeholder input to ensure compliance with an international exhaustion system.
- 발행기관:
- (사) 이준국제법연구원
- 분류:
- 법학