A Discussion on the Legal Position of Gray Market Commodities from the Genuine Goods Parallel Input Regulations of Copyright Law

• Main Authors: KUO,CHIH-PIN, 郭志斌
• Other Authors: TSENG,SHENG-CHEN
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/v7rb4k

碩士 === 嶺東科技大學 === 財經法律研究所 === 105 === For the parallel importation of genuine trading market, involving the legitimate manufacturing and illegal input of the gray blur, the United States known as the "gray market" (Gray market), the domestic is commonly known as "parallel imports." In addition to the cost of legitimate imports in addition to the price of the goods themselves, but also includes the authorized agent distribution costs and import duties, so the product through the purchase of authorized products abroad, the legitimate import tax to the domestic sub-disk sales, layers of marketing costs Will be added to the domestic price of the goods; and compared to the purchase of authorized goods from abroad, through the traders (or parallel imports) or run a single way into the domestic sub-disk sales, have not made domestic sales Legal authorization, less authorized agent to reduce the cost of distribution costs, the price of goods naturally more competitive. And consumers spend less money to buy the same genuine works of crops, the subjective is not against copyright, the objective of the purchase of the real thing why not, so created a gray market rapid and vigorous development. In 1993, the Taiwan government in the United States 301 under the pressure of retaliation, modify the copyright law, the real thing to make a clear ban on imports. In 2003 to amend the copyright law, that the input of the object since it is genuine, should not be punished, delete the penalty penalties. However, there was no amendment to the provisions of the re-sale after the transfer of the provisions, resulting in the importer is against copyright, but only civil liability and no criminal responsibility, but is the resale behavior, in addition to civil liability, Copyright law penalties. This paper analyzes the influence of American copyright protection, the abuse of object and right and the influence of Taiwan 's substantive judgment by the evolution of important practical judgment in American courts from 1998, 2010 and 2013.