Economic Analysis And Empirical Study On Parallel Imports Of Patent Products

As one of the most important questions in trade-related intellectual property rights, parallel imports have been the most mysterious question in law enforcement and international trade of intellectual property rights in the world for many years while it is also the hot spot and difficult subject of research in the theoretical field of U.S., EU and Japan. Patent rights are the most important issue in the intellectual property rights. With the strong technical characteristics, patent rights not only directly relates with inventor's right interests, but also play an important role in the technical innovation and development of economy of the entire society. So the study on parallel imports of patent products is extremely significant in both the theory and the practice.The exhaustion of patent rights and parallel imports are concerned with the issue of economic interests and trade polices as well as the legal issues. Under the current situation, the emphasis of research should be put on the economic analysis and empirical study on parallel imports. Whether are the parallel imports of patent products permitted or prohibited? What influences do the policies make on the industries such as pharmaceuticals? The research will facilitate Chinese policy-making. It also enables Chinese enterprises draw up reasonable imports strategies of patent products and avoid suffering the loss resulting from violating the regulations of importing countries.Under this consideration, this dissertation studies on the economic analysis and empirical evidence of parallel imports of patent products. It makes use of both the theories of economics, management and law and model analysis and empirical study based on much data information. The following is the main achievements of this dissertation:(1) Analysis on the legislation and cases on exhaustion of patent rights and parallel imports in Japan. This dissertation introduces Japan's relevant legislative situations dealing with the exhaustion of patent right and parallel imports. Then the legal precedents appearing in recent years are analyzed. The author points out that there exist many contradictions and disputes between legislation and legal precedents.(2) Relational model of social welfare and quantity of parallel imports. The effects of parallel imports on national and social welfare are analyzed and relational model of social welfare and quantity of parallel imports in the short term are built. The social welfare is the positive function of the quantity of parallel imports in the short term. With the increasing of the quantity of parallel imports, the social welfare will increase quickly. (3) Empirical study on parallel imports of drugs in typical countries. The status quo of parallel imports in pharmaceuticals is analyzed in the typical countries including both developed countries, such as U.S., Germany, UK, and developing countries such as India and South Africa. And then the characteristics of parallel imports of drugs in Sweden are analyzed from 1995 to 2005. The effects of parallel imports on Sweden pharmaceutical market are studied from the viewpoint of pharmaceutical prices, pricing of manufacturers, R&D and pharmaceutical expenditure per capita.(4) Chinese polices of parallel imports of patent products and exporting strategies of Chinese enterprises. The policy-making must be based on the analysis of Chinese special conditions and interests demand. The policy should also benefit the development of Chinese economy and trade. This dissertation puts forward four proposals which are about Chinese policies of parallel imports of patent products and make suggestions for the exporting strategies of Chinese enterprises.