Parallel Importation And International Trade Related Intellectual Property Protection

This thesis undertakes an extensive study on the issue of parallel importation (PI). The focus of it is directed to provide comprehensive theoretical basis and foreign legal experience for our legislative body, judicial organs and other departments concerned to perfectly handle the forthcoming PI disputes.Firstly, the thesis deeply analysis the controversial concept of "parallel importation". and induces possible causes for and various patterns of parallel importation.Secondly, the thesis examines the relations between PI and Intellectual Property(IP) laws. (1) Categorizes the IP right as a limited monopoly conferred by governments to facilitate social interests, thus denying the use of IP rights to absolutely prohibit all kinds of parallel importation. (2) Investigates the trade related aspect of world IP protection which is fundamental to world economy, review the combat between the developed nations regarding the nature of IP system, then comes to the conclusion that it is wide for developing nations to adjust their IP systems in accordance with both their current social situation and the contemporary world trend, therefore utilizing national IP protection as instrument and capital for their struggle for a more advantageous international status; that all the strategies and measures of parallel importation resolution is bound to conform to this guiding policy. (3) Discusses two contrasting theories about PI, "the territorial principal" and "the doctrine of international exhaustion", recommending that our nation adopt a more flexible, open-minded "conditioned international exhaustion approach" than by rigid adherence to an absolute "territorial principal".The third chapter makes a comparative study on the related legal practices of foreign countries leading to a summary of some reasonable requirements for a legitimate PI conduct. Furthermore, the chapter replenishes trains of thought from some new perspectives, including IP product's natural and social attributes, IP proprietor's interest, consumer's interest, importing country's economy and exporting country's economy ,which is to help our authorities make a balanced decision on every possible PI disputes...