The Role of Competent Authority of Competition Law Should Play in Regulations on Parallel Importation of Works

This article argues that whether to inhibit parallel importation of copyrighted works is not an issue only concerning legal reasoning or interpretation, we should also take factors including economy, culture, society, politics and history of a country into consideration comprehensively for the best regulations. In regard of economic scale and cultural development, Taiwan is a small economy and cultural importation country, like New Zealand, Australia and Switzerland; therefore, Taiwan can take similar approach as these countries for regulation and content of parallel importation of copyrighted works. Experiences of Switzerland, Australia, New Zealand and Japan indicate their authorities of competition laws often review the reasonability and soundness of works importation limitation based on their expertise and competence from the deregulation or regulatory innovation standpoint. Taiwan's competition law authority, Fair Trade Commission, may take the same approach as their counterparts in Switzerland, Australia, New Zealand and Japan did to push forward deregulation of the overregulated parallel importation of copyrighted works in its Copyright Act.

並列關鍵字

Competition law ； Copyright ； Exhaustion doctrine ； Importation right ； Parallel import

國際替代計量

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