Trademark Parallel Imports Legal Regulation

Parallel import of goods with trademark is a new social and legal problem and becoming more and more in quantity in our country though it has already a long history abroad. The present laws and regulations of supervision over the parallel import are still inefficient and there are no specific rules in practice besides contrary prejudications. The scholar's dispute in both theory and practice and no mature laws and regulations of parallel import has been proposed resulting from the conflicting views towards it. To meet the need of the legal practice, on the base of the legislation and prejudication and from the angle of the competition law, this essay will analysis the influence on the fair market in the country of import and try to get a proper rule to regulate the parallel import using history and comparison.This essay is divided into four parts as following:In the first chapter, it will introduce the definition, basic feature and classification of parallel import to make out a fundamental framework of the topicIn the second chapter, it will firstly view the content of region quality of IP from the development of the region quality of IP and then discuss the relation between exhaustion of rights and parallel import. We shall change into another angle to do the research on the parallel import because of the incapacity of both region quality of IP and exhaustion of rights on the settlement of parallel import dispute.In the third chapter, it will set up a base for the research of parallel import through discussion of the relation between the trademark law and competition law. after reviewing the legislations and prejudications abroad, in order to get a general legal rule to deal with parallel import, it will analysis the different influence on the fair market in the country of import because of the different types of parallel import.In the forth chapter, it will begin with two cases in our legal practice and study the reasoning of the court from the aspect of competition law. On the analysis of the current laws and regulations, it will point out that we need an efficient legal rule of parallel import.In conclusion, on the basis of the aforementioned analysis and in the scope of competition law, it will propose a rule of the parallel import in accordance with the classification above.