基本説明
It examines strategies to prevent, or at least minimize, gray market activity with illustrations of the judicial remedies. Differences between criminal and civil proceedings are discussed.
Full Description
It's often said that the 21st century is characterized by a flat world in which globalization, technology, and the Internet have each contributed to level the economic playing field. But for companies that manufacture and sell their products internationally, the world is not exactly flat -- it is tilted. From cars to cigarettes to pianos to pharmaceuticals, products that were manufactured to be sold in other countries are finding their way back to the United States where they are sold through unauthorized and illegal channels. This unauthorized economy - the "gray market" - is growing in size and scope at an alarming rate: information technology manufacturers alone have estimated losses at $40 billion in annual sales. In Gray Markets: Prevention, Detection, and Litigation, David Sugden provides the first comprehensive analysis of the gray market as well as a blueprint for attorneys and businesses to prevent, detect, and litigate gray market cases. In Gray Markets, Sugden introduces readers to a variety of strategies to prevent a brand owner's products from finding their way into unauthorized distribution channels.
From educational and contractual methods that communicate the importance of gray market abstinence, to on-site security and modern tracking technologies, and to the use of private investigators and even "dumpster dives," the book offers specific methods to prevent supply chain leakage, while also examining the legal boundaries of gray market investigations.
Contents
THE GRAY MARKET; SHADES OF GRAY: THE SPECTRUM OF PARALLEL IMPORTS; FROM IPHONES TO VIAGRA: THE AFFECTED INDUSTRIES; GRAY MARKET 2.0: FROM FLEA MARKETS TO EBAY; THE RIPPLING EFFECT: GRAY MARKET CONSEQUENCES; PREVENTION: REDUCING THE GRAY MARKET POTENTIAL; EDUCATION: PROMOTING GRAY MARKET ABSTINENCE; TROUBLESHOOTING SUPPLY CHAIN VULNERABILITIES; ALTERNATIVE GRAY MARKET STRATEGIES; DETECTION: MONITORING THE SUPPLY CHAIN; RED FLAGS: THE WARNING SIGNS OF GRAY MARKET ACTIVITY; METHODS OF DETECTION; REACTION: LEGAL STRATEGIES AFTER GRAY MARKET DISCOVERY; INITIAL CONSIDERATIONS; PRELIMINARY REMEDIES; CIVIL DISCOVERY; THEORIES OF LIABILITY: BREACH OF CONTRACT; THEORIES OF LIABILITY: INTENTIONAL INTERFERENCE WITH CONTRACT; THEORIES OF LIABILITY: INTENTIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE; THEORIES OF LIABILITY: COPYRIGHT; THEORIES OF LIABILITY: TRADEMARK; THEORIES OF LIABILITY: PATENT; THEORIES OF LIABILITY: UNFAIR COMPETITION; THEORIES OF LIABILITY: AROUND THE WORLD
