BLOOMBERG BNA WEBINAR EVENT: International First Sales and Gray Imports Under U.S. and European IP Laws
Wednesday, October 30, 2013
1:00 PM - 2:30 PM ET
Recent changes in the law mean that companies should review their international distribution agreements. This panel discussion will offer practical information and legal background from the perspective of both U.S. and foreign law.
In the past, the unauthorized importation of products incorporating copyrighted materials was generally prevented under U.S. copyright laws. This was in opposition with the first sale doctrine—also known as exhaustion of rights—which limits the extent to which holders of intellectual property rights can control sales of goods after an initial authorized sale.
In many cases, lower courts found that the first sale doctrine did not apply, because the products had not been made in the United States and no authorized first sale had occurred within the country. However, in Kirtsaeng v. John Wiley & Sons, Inc., the U.S. Supreme Court found that an authorized first sale outside the United States also operated as a defense to a copyright claim. This landmark decision may change the markets for copyrighted goods internationally.
The faculty for this program will explore the Kirtsaeng case, with a particular focus on exhaustion under various jurisdictions and IP law regimes and the reach and considerations for manufacturers’ and distributors’ reaction to the case.
- Understand the international exhaustion doctrine under both U.S. and European copyright laws.
- Learn about exhaustion under patent and trademark laws.
- Discover the reach of Kirtsaeng, including software, audio/video files, and product labels.
- Find out what manufacturers and distributors should consider as reaction.
Who would benefit most from attending?
Practitioners focusing on copyright, trademark, and patent law; intellectual property in general; contracts; import/export issues; distribution; litigation; and new media.
Program Level: Intermediate