The Legal System Of Parallel Imports Of Patented Goods

Parallel import of patent commodities is the hottest issue not only in the field of IPR but also in the field of international trade. America that is an important trade partner of China plays a leading role in the field of parallel import of patent commodities. This thesis paper generalizes legislation, theories and judicial principle as to parallel import of patent in America by studying related legislation and theories and chronologically analyzing related cases decided by American court, which makes enterprises of China know better about related laws and regulations and lay down export marketing strategy, which makes China rationally formulate related rules and policies in consistence with basic principles of relative treaties by learning from well-developed theories, legislation and practice of U.S.A. and which makes China play an active role in the next round of negotiation as to exhaustion of right and parallel import in TRIPS.This paper is divided into four chapters:Chapter One Basic Theories as to parallel import of patent commoditiesTo begin with the definition and classification of parallel import of patent commodities, this chapter analyzes two important theories of parallel import of patent commodities : Exhaustion of Patent Right and Import Theory. America adheres to the principle of Domestic Exhaustion of Patent Right. At the same time American court adopts the principle of International Exhaustion of patent right when dealing with particular cases in order to ease the tension between protection of patent right and free trade. In 1994 "the Patent Law of America" is revised and the stipulation of Import Right is added into the Law, in which infringing acts doesn't include act of parallel import.Chapter two Legislation on parallel import of patent commodities in...