Parallel import

Abstract: We examine the problem of parallel imports: unauthorized flows of products across countries, which compete with authorized distribution channels. The traditional economics model of a discriminating monopolist that has different prices for the same good in different markets requires the markets to be separated in some way, usually geographically. The profits from price discrimination can be threatened by parallel imports that allow consumers in the high-priced region some access to the low-priced marketplace. However, as this article shows, there is a very real possibility that parallel imports may actually increase profits.The basic intuition is that parallel importation becomes another channel for the authentic goods and creates a new product version that allows the manufacturer to price discriminate. We propose a two-country, three-stage model to quantitatively study the effects and strategies. In the third stage, and in the higher priced country where parallel imports have entered, we characterize the resulting market segmentation. One segment of consumers stays with the authorized version as they place more value on the warranty and services that come with the authorized version. Another segment switches to parallel imports because a lower price is offered due to lack of country-specific features or warranties. Parallel imports also generate a third and new segment that would not have bought this product before. Unlike counterfeits that are fabricated by imitators, all parallel imports are genuine and sourced from the manufacturer in the lower-priced country through authorized dealers. Therefore, the manufacturer's global sales quantity should increase, but profit may rise or fall depending on the relative sizes and profitability of the segments. A profit-maximizing parallel importer should set price and quantity in the second stage after observing the manufacturer's prices in both countries. There will be a threshold of across-country price gap above which parallel imports would occur. In the first stage, the manufacturer can anticipate the possible occurrence of a parallel import, its price and quantity, and its effect on authorized sales in each country to make a coordinated pricing decision to maximize the global supply chain profit. Under some circumstances the manufacturer should allow parallel imports and under others should prevent them. Through a Stackelberg game we solve for the optimal pricing strategy in each scenario. We then find in one extension that when the number of parallel importers increases, the optimal authorized price gap should narrow, but the prices and quantities of parallel imports may rise or fall. In another extension, we .nd that when the manufacturer has other means--such as monitoring dealers, differentiating designs, and unbundling warranties--to contain parallel imports, the authorized price gap can widen as a function of the effectiveness of nonpricing controls.In summary, parallel imports may help the manufacturer to extend the global reach of its product and even boost its global profit. If the manufacturer offers a discount version through its authorized dealers, it is running a high risk of confusing customers and tarnishing brand images. Parallel imports may cause similar concerns for the manufacturer, but unauthorized dealers are perceived as further removed from the manufacturer. Therefore, there is less risk of confusing consumers when parallel imports are channeled through unauthorized dealers. Furthermore, they are more nimble in diverting the product whenever their transshipment and marketing costs are small enough not to offset the authorized price gap and the valuation discount. This may explain why some manufacturers fiercely fight parallel imports, while others knowingly use this alternative channel.

Abstract: A policy of national exhaustion says that the rights to control distribution, end upon first sale only within a country, thereby permitting rights holders to exclude parallel imports. A policy of international exhaustion states that such rights end upon first sale anywhere, and therefore permits parallel imports. The European Union has a policy of regional exhaustion within its territory. Language in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) suggests that this policy choice remains the prerogative of individual countries. The authors review the international policy debate about parallel imports, which are controversial because they erode the ability of intellectual property owners to segment markets. Against considerable opposition, for example, Australia recently deregulated its import controls in major copyrighted goods, because domestic prices were evidently sustained at high levels by those controls. Both the European Union, and the United States are considering permitting parallel imports of prescription pharmaceuticals from abroad. Developing countries must consider their exhaustion regimes in the context of competition policies, and intellectual property rights. Economic theory demonstrates that the welfare tradeoffs in regulating parallel imports, are complex and depend on circumstances. The authors advance a new model that analyzes parallel imports as a response to vertical pricing arrangements between a rights holder ("manufacturer") and a foreign distributor. In this model, if markets were segmented, the manufacturer would change a wholesale price to its foreign distributor to ensure an efficient (profit-maximizing) retail price. But if markets were integrated by parallel trade, the distributor could purchase the good at a wholesale price, and sell it back to the manufacturer's home market at the local retail price. If transport costs were low enough, this would be profitable, but would diminish the return to the manufacturer, and waste resources in costly trade. So there would be tradeoffs: Parallel imports would benefit consumers in the high-price country, but hurt consumers in the low-price country. Such trade forces the manufacturer to set an inefficientwholesale price to limit its extent; it also consumes resources. The welfare implications of allowing parallel imports are ambiguous. If the costs of engaging in such trade were low, there would be gains from permitting it; if the costs were high, it would be more sensible to ban it. Countries near each other, with low trade barriers, might prefer an open regime of parallel trade. The vertical pricing model provides an explanation of this pricing behavior that is consistent with manufacturer's preferences to deter parallel trade.

Abstract: Part 1 List of Figures Part 2 List of Photographs Part 3 List of Tables Part 4 Acknowledgments Part 5 Introduction Part 6 I: Contexts Chapter 7 1. Global Film Distribution Revisited: Network, Technology, and Space Chapter 8 2. Re-Contextualizing Copyright: Technology, Transnational Trade Regimes, and the State Chapter 9 3. WTO and the Greater China Economic Circle: Local, Regional, and Global Dynamics Chapter 10 4. VCD Killed the VHS Star Part 11 II: Case Studies Chapter 12 5. Film Distribution in Mainland China Chapter 13 6. Film Piracy in Mainland China Chapter 14 7. Film Distribution in Taiwan Chapter 15 8. Profile: Wolf Chen Chapter 16 9. A Culture of Illegality? Piracy in Taiwan Chapter 17 10. The Hong Kong Connection: Distribution, Piracy, and Parallel Import Chapter 18 11. Framing Piracy Part 19 Appendix A Part 20 Appendix B Part 21 Appendix C Part 22 Bibliography Part 23 Index Part 24 About the Author