Studies On Legal Issues Of Patents Parallel Imports

With the highly development of international commerce and free trade, the issue of Patents Parallel Imports is now in common. Patents Parallel Imports means that the unauthorized importer perchases patent that is already under the protection of native law from abroad patent holder and impots the patent without permission. Whether Patents Parallel Imports infringes the legal right of patent subject is different in contries. The modified Patent Law in our contry permits paralled imports, bringing about positive influence on economic development. Nevertheless, the academic circle did less research neither in the negative influce itself brought by the permission nor the ways to eliminate it. Therefore, the research in Patents Parallel Imports and relative problems from the point of modified Exclusive Law is quite important in theory and practice.The development of free trade and free circulation of goods results in price gap of the same patent in different countries and regions, which is the initial reason of Patents Parallel Imports. As to how to solve the problems of Patents Parallel Imports, theoretically, there are two theories, namely, Exhaustion Doctrine theory and Territoriality theory. Right now, the Exhaustion Doctrine is prevalent. That is patent subject is out of patent right after the first legal sell of this patent product. Patents Parallel Imports would raise conflict between real right and Intellectual Property Right, between patent subject interest and public interest. That's why coordination and balance are in need. Because the economy and high technology of our nation is not that advanced as some developed counties, from our benefitial point, the permission of parallel imports is good for technology imports, independent innovation, control of abuse use of patent right, development of some special fields such as pharmacy and provision of more choices for customers. Except the benefits, it also has some negative influence to native enterprises and customers. In order to minimize the bad influence of Patents Parallel Imports, it demands improvement of legislation, establishment of relative policies and steps so that benefits of native enterprises, customers and patent subjects can be best protected.