Guerlain perfumes, guerlain fragrances parallel imported. Well explore some of the industries that make up australia s international trade as well as who are the most important partners and players for australian imports and exports. Can you really trust parallel imported goods in new zealand. Parallel imports law and legal definition uslegal, inc. Customs import entry procedures are based on selfassessment by importers, including selfassessment of the correct classification of goods. With the toughest requirements, continued business success depends on proactive regulatory planning. At this time of economic difficulty i hope the government rejects the report and seeks to help the book. Malaysia parallel import law clarified mirandah asia. A recent case brought by electrolux in the federal court of australia 1 reflects the trend of brand owners targeting parallel imports of their goods into australia. Calculation method for import duty is also provided. Parallel importation of trade marked goods ip australia. If a given type of product has been imported in the eea via an official distribution channel, you may market it freely within the eea.
The legislation states that a book may be imported by local booksellers if it is not published here by an australian publisher within 30 days of its englishlanguage publication in another country. Australia doesnt have that luxury as compared to the rest of the world, look at the amateur operator population in australia compared to anywhere else, we have as many amateurs in australia as there are in california in the u. Parallel imports are often referred to as grey product and are implicated in issues of international trade, and intellectual property. The penalties for parallel import may vary from compensation. However, you need to be able to identify when you are buying parallel imports and be aware of your rights when purchasing these products. The australian government asked the productivity commission to undertake a study of restrictions on the parallel importation of books into australia. This chapter explains these terms, the controversy concerning this doctrine, and how well as how it impacts the commercial sale of drugs. If an australian publisher cannot supply a copy of a book it has published here within 90 days of a request for it by a.
The point of parallel imports of pharmaceuticals is arbitrage between countries with different prices. Flooding australia with imported books would be an assault. Currently the parallel importation of books into australia is regulated, which means that retailers can only buy bulk copies of a book from the publisher who holds. This statistic displays the share of parallel imports in pharmacy market sales by selected european countries in 2017. Parallel import restrictions are a ridiculous protectionist holdover, and their time is up, writes evan mulholland, media and communications. Copyright restrictions on the parallel importation of books.
Lets allow parallel book imports, and subsidise australian publishing. The australian government yesterday announced it intends to repeal parallel importation restrictions on books, which has again caused. Many have argued that such arbitrage, if tolerated, will undermine intellectual property rights and dull the incentives for investment in researchintensive industries such as pharmaceuticals. This presents great difficulties for manufacturers or brand owners, who may wish to prevent other parties from engaging in parallel importing of their products. Facebook page for australian border force linkedin page for australian border force twitter page for australian border force youtube page for australian border force instagram page for australian border force. We pay our respect to them and their cultures and to the elders past and present. Consistent with the focus of this book on presenting. Parallel imports are often referred to as grey product and are implicated in issues of international trade, and intellectual property parallel importing is based on concept of exhaustion of intellectual property rights. Im an australian booklover, but i know damn well that cheaper books.
Find out about our biosecurity requirements and your responsibilities for importing goods to australia. Under the trade marks act 1995, importers of goods bearing a registered trade mark do not infringe it if it was applied to the goods by or with the consent of the registered owner of the trade mark consent defence. The goods are manufactured with the authorisation or consent of the trade mark owners and subsequently imported in from another country by an unauthorised distributor. Purchase guerlain perfumes at parallel imported discount prices. Parallel imports develop when importers buy products from. A view of the parallel imports issue from an international perspective. In this ambiguous position, in order to allow parallel imports from the uk, the then former member state would also have to negotiate separate bilateral agreements with the eu on the treatment of. Australian authors jackie french and mem fox respond to yesterdays article on parallel import restrictions on books. Parallel importation and australian book publishing.
Australia has strong trade ties with the rest of the world. However, the laws governing parallel imports are still in infancy and require clarification in many jurisdictions, including malaysia. Businesses considering importing should be aware of government. The malaysian trademark act defines parallel goods or grey market goods as those which are lawfully manufactured overseas but imported and distributed in malaysia by a person other than the registered proprietor of the trade mark.
But there are pitfalls in the federal governments new parallel. Australian business licence and information service business consultation. Nov 24, 2015 parallel importation and australian book publishing. Nov 19, 20 a recent case brought by electrolux in the federal court of australia 1 reflects the trend of brand owners targeting parallel imports of their goods into australia. Parallel import is a prevalent business model in the new age economy. Chinas vehicle parallel import business dragged down prices and maintained luxury car sales volume, while the highend market has cooled over the past several years. Goods imported into australia are classified under the customs tariff, and may be subject to customs duty. Share of parallel imports in pharmacy market sales in select. Customs or import duty for childrens book to australia.
Parallel imports law and legal definition parallel import is a noncounterfeit product imported from another country without the permission of the intellectual property owner. With counterfeit goods, an identical or similar trade mark is applied to the goods or the goods are copied, without the authorisation or consent of the trade mark owner. In denmark, parallel imports held a share of about 26 percent of total. Sometimes i feel like a broken record when i write about the australian wine industry. Whereas by section 33 of the land act 1933, it is made lawful for the governor to direct that any reserve shall vest in and be held by any person or persons to be named in the order in trust for the like or other public purposes to be. Imports from israel in australia increased to 72281. Parallel imports are legitimately produced goods imported in from another country w lawyers, 2011, p. This price discrimination was partly attributed to price coordination of british publishers and their ability to prevent arbitrage through controls over parallel imports. Harpers reference to the hated pc and particularly its analysis of book prices in australia compared to the us and the. U nder this new law, it is now far easier for importers to legally import these grey goods into australia.
Australia imports from israel data, historical chart, and calendar of releases was last updated on february of 2020 from its official source. The productivity commission the productivity commission is the australian governments independent research and advisory body on a range of economic, social and environmental issues affecting the welfare of australians. For several years, an important issue in the european union eu has been the evident conflict between differing price regulations in the member states, on the one hand, and the consequences of parallel trade, on the other. Australias long fight over opening the book market to parallel imports may be finally coming to an end, but not one for which publishers and. Its time to kill parallel import restrictions crikey.
The move pits the economists against some of australia s most famous novelists. Australias mineral export success has driven up the foreign exchange value of the australian dollar, making imports cheaper and exports including wine exports more expensive. However, a detailed study of the history of parallel importing in australia suggests the existence of a somewhat opaque but. How are parallel imports different to counterfeit goods. Simple empirical tests favor the accommodation hypothesi. Parallel imports develop when importers buy products from distributors in one from mkt 626 at goldey beacom college. Parallel importation australian society of authors asa.
Using data from sweden, ganslandt and maskus find that the prices of drugs subject to competition from parallel imports increased less than those for other drugs between 1995 and 1998. Parallel imports sometimes referred to as gray market goods refer to branded goods that are imported into a market and sold there without the consent of the owner of the trademark in that market. Its location has also allowed australia to become a major supplier to markets in the asiapacific region. Parallel imports are only goods that are genuine and authentic, like the aforementioned nike shoes as opposed to you taking a pair of walmart shoes, stripping their brand logo off it, and replacing it with a nike swoosh. Dear prime minister, in the february monthly you wrote that the great neoliberal experiment of the past 30 years has failed and the freemarket fundamentalism it has produced, has been revealed as little more than personal greed dressed up as an economic philosophy. Productivity commission 2009, restrictions on the parallel importation of books, research report, canberra. Parallel imports give dealers a run for their money.
However, a detailed study of the history of parallel importing in australia suggests the existence of a. Parallel imports of pharmaceutical products in the european union. Kasper the decision of the japanese supreme court in the bbs aluminum wheels casein 1997 has served to ignite an intense debate within japan as to the appropriate scope of protection that is to be afforded to inventions that are patented in japan and other countries and are imported from those other countries into. A parallel import is a noncounterfeit product imported from another country without the permission of the intellectual property owner. The existing law around the parallel importation of trade marked goods has been interpreted narrowly by the courts, which has led to uncertainty and confusion. Section 123 of the trade marks act 1995 provides a defence against infringement for the parallel importation of trade marked goods or services. Get the customs or import duty for childrens book to australia along with special tariff rates. May 09, 2016 flooding australia with imported books would be an assault on our literary culture. Look at japan, 1 million plus amateur operators, this makes our. Parallel imports workshop on flexibilities in international intellectual property rules and local production of pharmaceuticals for the southern, central and west african region 7 9 december 2009, cape town, south africa ermias tekeste biadgleng, legal expert, unctad. Dec 22, 2010 sometimes i feel like a broken record when i write about the australian wine industry. Parallel imports and price controls princeton university.
Share of parallel imports in pharmacy market sales in. Buying and selling exceptionally low mile corvettes and exotic sports cars. Australias mineral export success has driven up the foreign exchange value of the australian dollar, making imports cheaper and exports including wine exports more expensive abroad. Watch out for incompatible plugs with electrical products purchased overseas. Click to read more about grey or parrallel imports and the risk associated with buying them, remember safety should be the main consideration when purchasing tyres.
Although its illegal to sell a product in australia without an appropriate electrical plug, this can happen when individuals decide to purchase the product alone, rather than through an importer such as kogan. Roughly threefourths of this effect can be attributed to the lower prices of parallel imports and onefourth to lower prices charged by the manufacturing firm. The australian market is an example of a relatively small. Before 1995 sweden prohibited parallel imports of pharmaceutical products, but entry into the european union, on january 1, 1995, required sweden to allow them. We acknowledge the traditional owners of the country throughout australia and their continuing connection to land, sea and community. Businesses in australia are able to import goods from overseas as part of their activities. Australian publishing is losing the copyright fight. For several years, an important issue in the european union eu has been the evident conflict between differing price regulations in the member states, on the one hand, and the consequences of. Parallel imports trade mark owners prevail ip blog.
A group of published economists has called on federal parliament to lift the ban on parallel imports of books. Imports without this permission are referred to as parallel imports. The authors test their hypotheses on data from the swedish market for 199598. Lai price controls create opportunities for international arbitrage. The book analyzes the successes and failures of national governments, international organizations and the private sector in fighting the hivaids pandemic. The federal court strengthened the position of trade mark owners in this area in its decision in pauls retail pty ltd v lonsdale australia limited the lonsdale case. Parallel imports of pharmaceutical products in the european. Parallel imports of pharmaceutical products in the. Parallel imported goods are genuine branded products that are imported into new zealand or other countries and sold within that market without the brands owner consent parallel importing gives importers the opportunity to offer authentic branded item to consumers at a more affordable price by cutting out the. Reading this, you may be thinking of some counterexamples like books or magazines. Broadly, parallel importing is the importing of genuine products into a country through a party other than the authorised distributor. Harpers reference to the hated pc and particularly its analysis of book. We provide advice to importers and potential importers of parallel imported goods, as well as to trade mark and owners.
The psa found that book prices in australia were significantly higher than those in canada and the uk. Understand customs and quarantine requirements before you import or export. While adjudicating on the issue, the court carefully scrutinised the provision of parallel imports. The penalties for parallel import may vary from compensation to the destruction of stocks. Because of their unique role in the supply chain, parallel importers have perhaps the most challenging set of requirements under the european unions falsified medicines directive. Our parallel import law experts know the boundaries of parallel importation law in new zealand and understand your rights as an importer, rights owner or licensee. Parallel imports, or grey imports, help beat price discrimination in australia. See our anticounterfeiting page for further discussion on counterfeit goods.
Without knowing what one is trying to achieve, it is very dif. Parallel imports may benefit you by offering products at lower prices and providing access to items which otherwise may not be available in australia. Parallel imports are goods that are not authorized for importation into the u. The australian book industry does not depend on tariffs or subsidies.