parallel imports and the Gatt

[James Love <love@cptech.org>]

At the Amsterdam meetings two weeks ago, Dr. Amir Attran raised an issue
about parallel imports that deserves mention.  Apparently there is a body
of thought that parallel imports, which not subject to dispute resolution
under the TRIPS (under Article 6 of the TRIPS), may be *required* under
the GATT provisions that concern the free flow of goods.  According to
Amir and others, the various agreements of the WTO can treat a substantive
issue differently.  

We have been operating under the assumption that national policy on
parallel imports is left to national discretion, and Amir's point is that
the WTO may actually limit a country's ability to restrict parallel
imports, under the more general provisions of the GATT, and irrespective
of patent issues.

I will invite Amir or others to comment further.  

  Jamie 

-------------------------------
James Love 
Center for Study of Responsive Law | Consumer Project on Technology 
P.O. Box 19367, Washington, DC 20036 | http://www.cptech.org
Voice 202/387-8030 | Fax 202/234-5176 | love@cptech.org