Legal Research On Parallel Imports Of Trademark

Parallel imports of trademark are a complex issue which related to profits of subjects of legal relations of trademark. The profits of subjects of legal relations of trademark are inconcinnity. This issue involved both international trade domain and international protection of intellectual property rights domain. For the reason of its complexity and inconcinnity, a consentient regulation of international community is not being able to form recently. TRIPS Agreement parried this issue and leaves it to members themselves. Whereas United States, EU and other developed countries have already established a general legal system which base on their own profits to regulate such an issue. Current trademark law of our country did not have a specific provision to regulate such issue. Judicial practices of different courts are also disaccord. Viewpoints of theory circle now did not come to an agreement .The new Patent Law actualized at 10/1/2009 affirmed the validity of parallel imports of patent. What should our Trademark Law be amended? This thesis tries to probe into parallel imports of trademark and constitute regulation of this issue.First of all, this thesis staring from the fundamental problems of parallel imports of trademark, mainly discuss the conception, characteristics and causes of parallel imports of trademark. Research of this part will base on the latest achievements home and abroad. In this part of the paper we bring forward a bran-new classification of parallel imports of trademark and analyze the economic and institutional causes of formation of such issue.Study on fundamental theory will analyses current theory of parallel imports. Advantages and disadvantages of all these theories will be introduced. Theory of interests balancing will be systematically brought forward.Mature legislation and judicial practice of America, EU, etc are sort of models. This paper is going to concludes and summarize correlative international intellectual property rights protection pacts and comment on current legislation and judicial practice of those developed country.Ascertaining the attitudes of parallel imports of trademark of our country and trying to constitute regulations of our own using experiences of those developed country for references is the aim of this study. On the one hand, current legislation and judicature situation should be straightened out. On the other hand, parallel imports of trademark legislation should be constituted as soon as possible.