Suppression of Parallel Importation in the Guise of Copyright Protection —Euro-Excellence Inc. v. Kraft Canada Inc.

 

Title
Suppression of Parallel Importation in the Guise of Copyright Protection —Euro-Excellence Inc. v. Kraft Canada Inc.
Author
Li-Chih Lin
Keywords
Parallel Importation of Genuine Goods, Copyright Holder’s Legitimate Economic Interests, Copyrighted Goods, Incidental Copyrighted Work to the Consumer Goods, Suppress Competition
Abstract
With stiff business competition, companies often try to suppress competition
in the name of the law. To prevent parallel importation, companies increasingly sue
their competitors for copyright infringement for the purpose of suppressing the
competition. For an issue of whether an exclusive licensee can enjoin an unauthorized
importation of genuine goods to Canada for sale, the Supreme Court of Canada
in Euro-Excellence Inc. v. Kraft Canada Inc. ruled in favor of the importer.
This paper discusses the outcome of Euro-Excellence Inc. v. Kraft Canada Inc. and
addresses key issues of “copyright holders’ legitimate economic interests” and “incidental
copyrighted works to the consumer goods”. This paper further explores
similar issues and cases of parallel importation in Taiwan and provides the author’s recommendations for future legislative reference in regulating grey market goods
in Taiwan.
Abstract Article

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