| Parallel import of trademark is, in international trade, a practice of importing the same kind of legal products bearing the same trademark without the permission from the owner and user of the same trademark in his own country. The essential character of parallel import of trademark is that goods imported are produced legally. Parallel import of trademark is due to the different prices of the same good bearing the same trademark in different countries.The issue of legality of parallel import of trademark is controversial. To approach the legality, the theories are developed: Right exhaustion principle and Region principle. Advocates of region principle are against parallel import of trademark, which, they declare, is a violation of right of the owner of the trademark in the importer's country. Those believing in right exhaustion principal are for such import. They declare that trademark owner has lost his right after permission of one sale of the good and now has no right to interfere in resale by others. Some scholars offer the new theory-trademark function theory to resolve the dispute. What's the status of the exclusive licensee in lawsuit concerning parallel import of trademark? Has the exclusive licensee the right to sue in his own name? What's kind of obligation the importer should perform? These questions have been discussed on contractual theory.There are no stipulations of such imports in China's trademark law. The legal system concerned should be set timely, in order to offer criterion in trial and administrative performance. Having compared stipulations concerned in different countries, and analyzed the present's position of parallel import of trademark and economy condition in China, I suggest parallel import of trademark should be permitted. Permission of parallel import of trademark does not mean free import. The import shall be based on our economy and balanced for national interest, trademark owner and the consumers. Legal precondition and limitation should be set. |
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