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The thesis is about parallel importation and the rights of exclusive distributors. It seeks
to determine the rights and remedies available to exclusive distributors in light of the passage of
Due to this, it seems that the paper is not answering a legal issue. It merely analyzes the
currently scattered laws and jurisprudence with the goal of consolidating these and clarifying the
Also, it seems that the thesis is not sure of its focus. On some parts, it stresses on the
effect of the Philippine Competition Act (PCA) to the rights and remedies available to exclusive
distributors. On others, it emphasizes on the confusion as regards the rights and remedies of
exclusive distributors due to the lack of a single law governing parallel importation.
The thesis also seems to conflate the concepts of copyright, trademark, and patent. On
some parts, it mixes the idea of piracy and counterfeiting which are distinct issues from each other.
Similarly, the concept of unfair competition which is in the area of trademark was mixed up with
As stated in the outline, the PCA does not per se prohibit exclusive distributorship, in the
same manner that it does not per se prohibit monopoly. These are not prohibited as long as they
do not create undue advantage or unduly impede competition. Thus, it is not clear how the rights
and remedies of exclusive distributors, if they are not considered anti-competitive or abusing their
conclusion other than the fact that the laws on the matter are scattered which is actually the premise
of the problem. It begs the question of what the rights of exclusive distributors are in light of the
PCA. While the thesis concludes that only one remedy is left for exclusive distributors, it is not
clear how such conclusion was reached. This may be related to the lack of focus of the thesis or to
the objective of the thesis which simply seeks to consolidate and analyze the scattered laws on the
matter.
In sum, the paper should choose an aspect or issue in which it would focus. It may
determine the scope of allowable exclusive distributorship within the framework of the PCA. It
may also address the overlaps or gaps, if any, in the rights and remedies available to exclusive
distributors as conferred by the different laws and analyze the interplay of these sources of rights.
what perspective the thesis seeks to address the issue of parallel importation.