In this article, we suggest that the U.S. Congress could implement a legislative provision prohibiting copyright protection for incidental product features in the context of parallel imports. The U.S.would not be the first country to implement such a provision. In 1994, Singapore pioneered the adoption of a similar provision, which was introduced as an amendment to the SG 1987 Copyright Act. A few years later, in 1998, Australia incorporated a similar amendment to its Aust. Copyright Act 1968. In this article, we analyse in detail the Singapore and Australia provisions and, building upon these provisions, we suggest a specific amendment that the U.S. Congress could introduce into the U.S. Copyright Act of 1976.
Intellectual Property Law
Intellectual Property and Technology-related Law
Singapore Journal of Legal Studies
National University of Singapore
CALBOLI, Irene and LAFRANCE, Mary.
The Case for a Legislative Amendment against Accessory Copyright for Grey Market Products: What Can the U.S. Learn from Singapore and Australia. (2013). Singapore Journal of Legal Studies. 253-277. Research Collection School Of Law.
Available at: http://ink.library.smu.edu.sg/sol_research/1712