Carols Correa and J Watal on parallel import issue

[James Love <love@cptech.org>]

I received notes from Carlos Correa and J Watal on the
issue of parallel imports and the GATT.  Here they
are.  jl

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Subject: RE: parallel imports and the Gatt
   Date: Tue, 14 Dec 1999 06:47:06 -0500 (EST)
  From: Carlos Correa <correacm@consultant.com>
    To: love@cptech.org

Jamie,

Yes, several GATT/WTO experts have argued that under GATT 1947 prohibiting
parallel imports may be a violation of the national treatment obligation. I
have also written something on this (in the new book on TRIPS). The issue is
debatable, among other things, because TRIPS may be considered a "sui
generis" law for IPRs, but the argument is quite solid. In the last
instance, a panel would have to decide on the basis of GATT 1947 (not
TRIPS).

Regards,

Carlos Correa


<----------------------------------------------------------------->

Subject: 
           Re: parallel imports and the Gatt
       Date: 
           Mon, 13 Dec 1999 10:59:44 EST
       From: 
           "J Watal" <jwatal@iie.com>
 Organization: 
           IIE
         To: 
           love@cptech.org




I have come across a paper that Prof. Thomas Cottier had presented on 
'The WTO System and  Exhaustion of Rights' at a Conference on this 
subject in Geneva, Nov.  6-7 1998. 
The argument is in fact that GATT does not allow the ban on 
parallel imports for countries that do not follow the  national 
exhaustion rule. However, XX (d) allows exceptions necessary to 
secure compliance with law or regulations which themselves are not 
inconsistent with GATT 1994. But here the chapeau must also be 
complied with and this is no easy task.

Jayashree


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