Parallel Importing Discussion Paper
A public discussion paper, 'Parallel Importing and the Creative Industries', has been released and your feedback is sought.
Last year's Speech from the Throne promised bans for periods of up to 2 years on the parallel importing of goods from 'creative industries' - such as music CDs, motion picture videos and DVDs, software and books. These proposed bans aimed to encourage an increase in international investment in and overseas promotion of NZ creative talent. However, consultation done last year cast doubt on whether parallel importing bans would work as they were supposed to. This and other issues raised during that consultation indicated that more work needed to be done - hence this discussion paper.
What's Parallel Importing?
"Parallel importing" is the importation of goods subject to intellectual property rights through channels of distribution that have not been authorised by the owner of the intellectual property rights. This usually refers to goods made by overseas companies for sale in other countries.
Parallel importing allows retailers, wholesalers and other parties to by-pass official or authorised local suppliers, licensees or agents and obtain goods directly from overseas sources. In doing so, parallel importing allows competition between sources of the same or similar goods.
Parallel-imported goods are not to be confused with pirated and counterfeit goods. Pirated and counterfeit goods are illegitimate goods produced without the consent of the owner of the intellectual property. In contrast, parallel imports are goods that are manufactured and put into circulation in another country either by, or with the consent of, the owner of the applicable intellectual property rights. It is the importation into NZ itself that might not have the consent of the right holder.
The Paper's Structure
The discussion paper has five parts:
- Part I gives background information on the current review of parallel importing and creative-industries products, including information on what parallel importing is and how it can be restricted. Information is also provided on the 1998 removal of the ban on parallel importing of copyright goods.
- Part II outlines and comments on arguments made by people during last year's consultation. The arguments for bans are stated for each industry, and the arguments against introducing bans are collectively stated.
- Part III begins discussion on the potential effects of new technologies on methods of distribution, and also looks at changes in consumer purchasing practices.
- Part IV outlines the international context in which a decision to introduce parallel-importing restrictions has to be made, including a summary of the position in Australia and certain other countries.
- Part V concentrates on concerns about pirated and counterfeit products, and what is and can be done about it.
| Submissions close 30 March 2001 and should be posted to Parallel Importing Submissions, Attention: Karen Chant, Competition and Enterprise Branch, Ministry of Economic Development, PO Box 1473, Wellington, or you can email your submission to karen.chant@med.govt.nz . The discussion document is available from the Ministry of Economic Development website at www.med.govt.nz |
Contact for Enquiries
The Ministry of Agriculture and Forestry
Pastoral House
25 The Terrace
PO Box 2526, Wellington
Tel: 0800 00 83 33
Fax: +64 4 894 0720
Contact this person
