In Pursuit of Profit Maximization by Restricting Parallel Imports: The U.S. Copyright Owner and Taiwan Copyright Law

Authors

Soojin Kim

Abstract

Parallel importation occurs when goods which are authorized by the copyright owner to be sold only in a specific territory abroad are imported, without the copyright owner's authorization, into a non-authorized market. Parallel importation into Taiwan has been cause for concern for both U.S. copyright owners and their Taiwan licensees because such importation undermines their control over the marketing of copyrighted goods. A copyright owner may wish to market goods differently in different countries, setting the price of goods sold in one country higher than in another country. This Comment discusses the role of U.S. political pressure in Taiwan's enactment of article 87, the 1993 amendment to the Taiwan Copyright Law restricting parallel imports into Taiwan. This Comment notes that, unlike section 602(a) of the U.S. Copyright Act, the harsh effect of article 87's restriction on parallel imports has yet to be modified by caselaw; in effect, article 87 holds Taiwan importers to a potentially higher standard than the standard enforced by the United States against U.S. importers.

First Page

205

Recommended Citation

Soojin Kim, Comment, In Pursuit of Profit Maximization by Restricting Parallel Imports: The U.S. Copyright Owner and Taiwan Copyright Law, 5 Pac. Rim L & Pol'y J. 205 (1995).
Available at: https://digitalcommons.law.uw.edu/wilj/vol5/iss1/6