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    Parallel Import

    Impacts of Parallel Import

    In International Business

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    Submitted By,

    MD Rifat ZahirBachelor of Business Administration

    2nd

    Batch

    ID: 2014201004

    Coxs Bazar International University

    Submitted To,

    A.S.M. Saifur Rahman

    Lecturer

    Faculty of Business Administration

    Coxs Bazar International University

    Date of Submission 18THfEBRUARY, 2016

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    18THFebruary 2016

    A.S.M. Saifur Rahman

    LecturerFaculty of Business Administration

    Coxs Bazar International University

    Subject: To submit an assignment report on Parallel Importing & Its Impact on

    International Business.

    Dear Sir,

    This is to inform you that I have completed my study on Parallel Importing & Its Impact onInternational Business. This study was assigned to me as a partial requirement of the

    International Business coursein 5thsemester.

    I have tried sincerely to comprehend and translate my knowledge in writing this assignment. I

    enjoyed this study and gladly attend any of your calls to clarify points, if necessary.

    In preparing this assignment, I have followed the instructions of yours. I will be glad to clarify any

    discrepancy that may arise.

    Thank you for your cooperation.Sincerely,

    MD Rifat Zahir

    BBA 2NDBatch

    ID: 2014201004

    Faculty of Business Administration

    Coxs Bazar International University MD Rifat Zahir

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    At the beginning, I would like to convey my sincere appreciation to the almighty Allah for giving me thestrength & the ability to finish the task within the planned time. This assignment report is an

    accumulation of many peoples endeavors. So I would like to expressly sincere gratitude to everyone who

    contributed towards preparing & making this successfully.

    First of all, I would like to express my Sincere & Immense gratitude to my course teacher A. S. M. Saifur

    Rahman, Lecturer of Faculty of Business Administration, Coxs Bazar International University. I am

    deeply indebted to him whole hearted supervision to me during the thesis period. His valuable suggestion

    & guideline helped me a lot to prepare the report in a well-organized manner.

    MD Rifat Zahir

    BBA 2NDBatch

    ID: 2014201004

    Faculty of Business Administration

    Coxs Bazar International University

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    The theoretical aspects recognize the short-term benefits of parallel trade to importing countries in terms of

    lower products expenditures, provided that lower costs are transferred to the consumers of products. There

    are likely to be direct impact through lower product expenditures due to parallel imports entering the market

    at prices lower than the manufacturer's price. The level of such savings is a realistic question.

    Important factors in the level and distribution of any savings and resulting welfare effects are the regulatory

    conditions of the market and the payment mechanisms in place. To the extent that parallel trade puts

    competitive pressure on the originator price, thus producing price decreases or a deceleration of price

    increases, there will be indirect savings in products expenditures.

    From a theoretical point of view, however, the response to parallel importing in the international market may

    not necessarily be to enter into the competition. To what extent that happens is a realistic issue.

    In the longer term, it has been argued that research and development could suffer from reduced profits in theInternational Business sector, but it has also been shown that this is not necessarily the case under all

    circumstances.

    I

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    NAME Page no

    EXECUTIVE SUMMARY I

    What are parallel imports? 1

    The process of parallel imports 1

    What is Exhaustion of Intellectual Property (IP) rights? 3

    Debate on parallel imports 3

    Impacts of Parallel Importing in International Business 4

    Concluding Remarks 8

    Bibliography 9

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    Parallel Importing & Its Impact on International Business

    1

    What are parallel imports?

    According to Wikipedia

    "A parallel import is a noncounterfeit product imported from another country without the

    permission of the intellectual property owner."

    According to World Trade Organization

    "When a product made legally (i.e. not pirated) abroad is imported without the permission of the

    intellectual property right-holder (e.g. the trademark or patent owner). Some countries allow

    this, others do not.

    According to World Health Organization

    " Parallel imports are imports of a patented or trademarked product from a

    a country where it is already marketed.

    Parallel imports (sometimes referred to as gray market goods) refer to branded goods that are imported into

    a market and sold there without the consent of the owner of the trademark in that market. Parallel importsoften take place when there is the differential pricing of the same product either brand name or generic

    products in different markets (usually owing to local manufacturing costs or market conditions).

    Read The graph given below may help you understand the scenario clearly-

    So finally, we can say that When an importer finds a cheaper price of a good or equivalent good on the

    world market and imports the good instead of paying higher local prices. These imports tend to be outside

    authorized importer channels, and are often carried by ordinary tourists. Goods that do not incur heavy

    transportation costs are most at risk from parallel imports. Authorized retailers, who are not allowed to

    source goods from parallel importers, generally oppose this practice since it makes them non-competitive

    against unauthorized retailers who can source these relatively cheap goods.

    The process of parallel imports

    Case 1

    Parallel importing is spreading from traditional to luxury and brand-name consumer products (wines,cameras, and watches) to industrial products. Industry sources estimate that parallel imports account for 10%

    of IBMs PC sales, 20% of Sharps copier sales, and 20% to 30% of the world cosmetics and fragrances

    sales.

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    Parallel Importing & Its Impact on International Business

    2

    The following graph may help you to understand the scenario properly-

    Case 2

    The second method of parallel importing is when a foreign manufacturer (e.g. German) licenses a company

    to be the exclusive importer of a product bearing a foreign name or trademark.supply chains in different countries, creating tension between the manufacturer and different distributors,

    which affects the manufacturers overall profitability.

    The following graph may help you to understand the scenario properly-

    Case 3

    Another way of parallel imports is the use of mail orders. This type of unauthorized channel is emerging

    with Internet development and is a very important source of parallel trade. Retailers and consumers can

    currently purchase products either from catalogs from large, local retailers or going directly to mail order

    houses in the different market. Anyone with a credit card and access to an Internet-linked computer can

    order CDs, software, books and whatever from overseas suppliers.

    E-commerce can be a good example of that. As we can download music, books, movies from the sites and

    the manufacturer of that product is being deprived of fair prices.

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    Parallel Importing & Its Impact on International Business

    3

    What is Exhaustion of Intellectual Property (IP) rights?

    Again, According to World Trade Organization

    "

    When a product made legally(i.e. not pirated) abroad is imported without the permission of

    the in tel lectual propertyright-holder (e.g. the trademark or patent owner). Some countr ies

    all ow this, others do not.

    In this definition, intellectual property word used by the WTO, which brings up the matter ofExhaustion of IP rights. Besides, they also mentioned that Some countr ies all ow thi s, others do not.

    So Id like to clear the air a bit.

    Exhaustion of IP rightsrefers to the extent to which IP rights holders can control the distribution of their

    branded goods. According to the concept of exhaustion, once IP right holders sell in a particular jurisdiction

    a product to which their IP rights are attached, they must allow the resale of that product in that jurisdiction.

    The IP rights covering the product have been exhausted by the first sale.

    There are two types of exhaustion regimes: national (or regional) and international.

    National (or Regional) Exhaustion

    These regimes are followed by countries and regions that only allow trademarked goods that have been

    exhausted to be resold in the national or, in the case of the European Union (EU), a regional area that the

    goods are from. It does not allow for goods to be sold outside of those areas.

    International Exhaustion

    This regime is followed by countries and regions that allow trademarked goods that have been exhausted to

    be resold in regions other than the country or region of origin.

    Some countries use a hybrid approach that modifies one of the two basic types of exhaustion. For example, a

    country nominally applies the principle of international exhaustion but does place some limits on the goods

    that may be imported.

    The Trade Related Aspects of Intellectual Property Rights (TRIPS) agreement explicitly states that this

    practice cannot be challenged under the World Trade Organization (WTO) dispute settlement system and so

    neither effectively a matter of national discretion.

    Debate on parallel imports

    Once Again, According to World Trade Organization

    Whena product made legally(i.e. not pirated) abroad is imported without the permission of the

    intellectual property right-holder (e.g. the trademark or patent owner). Some countr ies all ow

    thi s, others do not.

    Once again Id like to denote the definition provided by the WTO, as we are going to discuss the impacts of

    Parallel Importing in International Trade. In their definition, the last part, they mentioned that Some

    countr ies all ow this, others do not. So Id like to focus on this burning issue & provide a realistic

    judgment on the topic. Of course, the judgment will be from my own point of view.

    It has been argued that parallel import restrictions (PIRs) strengthen IP holders control over distribution

    channels, thereby permitting market segmentation and leading to price discrimination. The third party(unauthorized) has an incentive to operate parallel imports due to the feasibility of price arbitrage. Producers

    have argued that price discrimination, as compared with uniform price, benefits consumers because it

    encourages production in different segmented markets. Price discrimination permits access to the consumer

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    Parallel Importing & Its Impact on International Business

    4

    who could have been deprived of the uniform (relatively high) price mechanism. Also, higher output allows

    producers to reap economies of scale and, thus, lower the costs. Monopoly profit is used to finance further

    research and development. Thus, parallel import restrictions (PIRs) benefit consumers.

    However, restrictions on parallel imports go against the spirit of free trade that has been the core principle of

    multilateral and regional trade treaties. Trade restrictions lead to undesirable economic side effects. Market

    democracy rather than entrepreneurial dictatorship should be the rule of the future (WHO, 1999). The

    principle of international exhaustion opens up trade channels that benefit consumers. Further, PIRsadversely affect the operations of authorized IP licensees in developing countries because they are not

    permitted to export their production to other countries. Producers do not prefer such international trade since

    it affects their geographic market segmentation and limits their ability to charge different prices in different

    markets. Market segmentation is likely to increase producer surplus but lower consumer welfare.

    IPR matters are practiced differently across countries and also across types of IP products. There have been

    confusing judgments in the case of the United States, although the most recent one on March 19, 2013, has

    spoken in favor of parallel imports.

    Term Meaning Countries

    Allowed Parallel imports are permitted

    United States, Argentina, Chile, Costa Rica,

    Mexico, Mongolia, Singapore, South Korea,

    Brazil

    Banned Parallel imports are not permitted Ecuador, Paraguay, Per

    Partly

    Allowed

    Parallel imports are generally not

    permitted but are permitted in a few

    instances.

    Armenia, Australia, Cameroon, China, Egypt,

    Hong Kong, New Zealand, Philippines, Vietnam

    Partly

    Restricted

    Parallel imports are generally permitted

    and are restricted in a few instances.

    Bolivia, Colombia, Guyana, Israel, Japan,

    Malaysia, Switzerland, Venezuela

    Presumably

    allowed

    Restrictions on parallel importation are

    not mentioned in the copyright law or in

    any other law and hence are presumably

    allowed.

    Pakistan, Uruguay

    Source: Centre for I nternet and Society, Bangalore.

    Those favoring parallel imports argue that international price discrimination restricts competition to the

    disadvantage of consumers in countries having higher prices. They say that parallel imports fostercompetition and efficiency, thus benefiting consumers in importing countries.

    Impacts of Parallel Importing in International Business

    There are a number of impacts of all of this parallel importing activity. Here, the predicaments and

    opportunities created by these parallel distribution channels are discussed in more detail.

    So there are both positive and negative aspects of parallel importing in International Business. So It seems

    like well have to discuss the both sides of the coin, as usual.

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    Parallel Importing & Its Impact on International Business

    5

    Parallel Imports and Their Effect on Prices

    Positive Impacts Negative ImpactsParallel imports can reduce the price of

    products by introducing competition.However, they can also affect the

    negotiation of tiered pricing regimes with

    companies. If a private company agrees tosell a product at a lower price in poor

    countries, it will need some assurance that

    the cheaper product will not be imported

    back into its rich country markets,

    undercutting its profits (product diversion).

    To decide a price of anything is complicated and research

    sensitive process. It is not easy for anycompany to launch the price of any product and especially

    internationally. They launch the price after the market

    research of their international competitors. When parallelimports occur in any country the goods which are already in

    the market are expensive that is why people would like to buy

    the parallel import goods because they are cheap. Therefore,

    they would reduce the price of their goods to compete for the

    parallel imports goods. It will cause losses to the home goods

    makers.

    Example ScenarioFor example, The practice exists of luxury car dealers in New Zealand buying Mercedes-Benz vehicles in

    Malaysia at a low price and importing the cars into New Zealand to sell at a price lower than the price

    offered by Mercedes-Benz to New Zealand consumers.

    Direct & Indirect Savings

    Positive Impacts Negative ImpactsEconomic theory suggests that the short-term

    effects of allowing parallel trade of products

    would stimulate direct savings to purchasers of

    products in importing countries as parallel

    imports would be sold at a lower price than the

    originator price.

    Indirect savings may arise either because

    competition results in price decreases (or reduces

    the price increases below the level expected

    without competition) or because the potential

    competition leads to limit pricing (where the

    manufacturer chooses to reduce the domestic

    price to a level at which it is less profitable for

    parallel importers to enter the market).

    But this is also a fact that economic theory is less clear

    as to what extent any competitive pressure will be

    sufficient to result in lower originator prices, especially

    if the parallel traders experience supply restrictions and

    the market is characterized by one large manufacturer

    and one or a few parallel importers.

    In principle, indirect savings are calculated from the

    quantity sold of the original product multiplied by the

    price differential between the original manufacturers

    product as it would have developed in the absence of

    competition from parallel imports and the actual

    development after the introduction of parallel imports in

    the market. It is not known, however, how prices would

    have developed in the absence of parallel imports.

    Example ScenarioIt finds that indirect savings for 2004 in Denmark and Sweden amount to 8.3 million and 16.4 million,

    respectively. According to these estimates, indirect savings add another 58% to direct savings in Denmark,and another 36% in the case of Sweden.

    Trademark

    Positive Impacts Negative ImpactsThe quality function of the trademark does not replace

    the source function but stands alongside it as a

    guarantee of consistent quality. Product quality,

    however, is not simply measured at the factory; it is also

    determined at the time of retail sale. Many trademarkowners thus invest in their product by careful shipping,

    storage, inventory control, and quality management. This

    investment is a natural adjunct of their desire to build and

    protect the reputation of their product.

    In contrast, gray marketers may unknowingly or

    unknowingly sell inferior products because they

    provide less quality control and have less

    incentive to make these expenditures. Inferior

    products, however, confuse and deceiveconsumers and may negatively impact genuine

    products and their image.

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    Parallel Importing & Its Impact on International Business

    6

    Example ScenarioIn Russian, trademark rights exhaustion turned national in 2002, and, as of April 2013, an act is being

    prepared that could make original goods imported without a permission of the producer officially

    "counterfeit". According to the Criminal Code, illegal use of a trademark can be punished up to 6 years of

    imprisonment; and a similar article in the Offences Code makes goods with an illegal copy of a trademark

    subject to confiscation.

    Profit Share

    Positive Impacts Negative ImpactsIt needs to be made clear that parallel imports are n

    of counterfeits but genuine products that are often

    sold at a lower price to consumers than these

    distributed by regular channels.

    Thus, the profit is being shared among a larger

    quantity.

    However, these may not necessarily have a lower

    profit margin because they can free ride on the

    promotional efforts of authorized dealers.

    Consequently parallel imports may undermine

    authorized dealers selling efforts.

    Example ScenarioFor example, NOKIA, as a producer discouraging their investment in a sales-force or shelf-space. This will

    motivate the consumers for parallel imported products and profit is being shared but in a less amount.

    Product Quality

    Positive Impacts Negative ImpactsThe source function of a trademark encompasses

    more than the geographic origin of goods. As a result

    of modern marketing and distribution techniques,

    consumers perceive a genuine article to be those

    from the wholesaler, retailer or servicing company

    they have been able to rely on in the past.

    The authorized distributor is in effect the sponsor

    of the trademarked good, providing many ancillary

    services. Consumer confusion is possible if the

    parallel importer does not disclose that they are not

    the authorized distributors or they do not offer the

    same warranty protection or services, which the

    consumer has come to expect.

    Example ScenarioFor example, Consumers may be prejudiced against buying products which have been parallel imported

    because sometimes they cannot be properly serviced or maintained. They also may be worried that the so-

    called technical requirements for certain products may not meet by gray importers.

    Financial Consequences

    Positive Impacts Negative ImpactsIt needs to be made clear that parallel imports are n

    of counterfeits but genuine products that are often

    sold at a lower price to consumers than these

    distributed by regular channels.

    Parallel imports may have financial consequences

    for licensed distributors if they do not derive

    sufficient revenue from the sale of these branded

    goods. In such instances, they may not be able to

    continue with their advertising and promotional

    efforts.

    Example ScenarioFor example, IBM PC, the brand is being sold in the local market of Bangladesh is much cheaper than the

    original price, it is being sold in the USA.

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    Parallel Importing & Its Impact on International Business

    7

    Customers Perceived Value

    Positive Impacts Negative ImpactsSome scholars argue that because parallel

    importers sell genuine trademarked goods thereis no possibility of confusion about the origin or

    source of the goods.

    Parallel importing of trademarked goods may also create

    confusion for consumers. Besides, involving anunauthorized channel or outlet increases the likelihood

    of consumer confusion about product source and quality.

    Example ScenarioFor example, The practice exists of luxury car dealers in New Zealand buying Mercedes-Benz vehicles in

    Malaysia at a low price and importing the cars into New Zealand to sell at a price lower than the price

    offered by Mercedes-Benz to New Zealand consumers. There are also many parallel import dealers of

    electronics hardware. Parallel importing is allowed in New Zealand and has resulted in a significant

    lowering of margins on many products.

    New Market

    Positive Impacts Negative ImpactsThere is some evidence to indicate that parallelimport channels from the manufacturer have been

    used to penetrate foreign markets.

    Some manufacturers recognized that parallel

    channels could be used to increase overall foreign

    sales and market share.

    Parallel importing minimizes the opportunity grab a

    new market for the original producers as they are

    already selling those products.

    In addition, Parallel channels may also grab

    consumers in foreign markets whom the

    manufacturer may not be aware of.

    Example ScenarioFor example, Some Sony PSP video game consoles were imported into the European Economic Area from

    Japan up to twelve months prior to the European launch. The unusual component of this example is that

    some importers were selling the console for a higher price than the intended EU price, taking advantage ofthe relative monopoly they enjoyed.

    Distribution Channel

    Positive Impacts Negative ImpactsParallel channels may help overcome a weak

    distributors performance at no additional costs to

    the manufacturer.

    Furthermore, when a final decision on an exclusive

    distributorship was pending, a parallel channel givesthe manufacturer an opportunity to evaluate one

    distributor against another.

    Due to competition with the parallel importers the

    authorized distribution channel may become

    frustrated and the situation may even get worse when

    the profit margin goes to the negative.

    Example ScenarioFor example, in Bangladesh iPhone has been parallel imported since the beginning. Now in 2014, they have

    introduced their authorized dealers. But they are not being coped up with the parallel importing competition.

    Demand & Supply

    Positive Impacts Negative ImpactsParallel channels may help overcome the demand ofconsumers in the remote international marketplace

    when the manufacturer cannot meet the demand.

    Sometimes, the situation may prove adverse whenthe supply of product becomes more than the

    demand, which may cause a fall in price.

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    Parallel Importing & Its Impact on International Business

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    Example ScenarioFor example, the salt industry of Bangladesh. Bangladesh had enough salt to meet the demand. But some

    parallel importers imported salt from India to sell which caused the huge loss in industry.

    Concluding Remarks

    The theoretical aspects recognize the short-term benefits of parallel trade to importing countries in terms of

    lower products expenditures, provided that lower costs are transferred to the consumers of products. There

    are likely to be direct impact through lower product expenditures due to parallel imports entering the market

    at prices lower than the manufacturer's price. The level of such savings is a realistic question.

    Important factors in the level and distribution of any savings and resulting welfare effects are the regulatory

    conditions of the market and the payment mechanisms in place. To the extent that parallel trade puts

    competitive pressure on the originator price, thus producing price decreases or a deceleration of price

    increases, there will be indirect savings in products expenditures.

    From a theoretical point of view, however, the response to parallel importing in the international market maynot necessarily be to enter into the competition. To what extent that happens is a realistic issue.

    In the longer term, it has been argued that research and development could suffer from reduced profits in the

    International Business sector, but it has also been shown that this is not necessarily the case under all

    circumstances.

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    Parallel Importing & Its Impact on International Business

    Bibiliography

    Brown, D. M. (1996) Whats the difference? Comparing patent and copyright protection

    for software, [online] Available: http://www.callaw.com//mccutdiff.html assessed February 2016.

    Buffon, E. C. and Bradley, A. C. (1996) Using copyright as a barrier to gray-market

    imports, [online] Available: http://www.portal.com/recorder/buffon.html assessed in February 2016.

    Gallini, N. T. and Hollis, A. (1996)A contractual approach to the gray market. Working

    paper No. UT-ECIPA-Gallini-96-01, Department of Economics, University of Toronto,

    [online] Available: http://netec.mcc.ac.uk./%eadnetec/WoPEc/series.html assessed in February 2016.

    Ahmadi, R. H. and Yang, B. R. 1995Managing a multinational supply chain: The Impact

    of parallel imports. Working Paper OTM95-10, The John E. Anderson Graduate School Of

    Management, UCLA, Los Angeles.

    Rothnie, A. W. 1993Parallel imports, London: Sweet & Maxwell.