The Review Of The Legal Issue On The Exhaustion And Parallel Imports Of The Trade Mark's Right

The exhaustion of the rights is a peculiar institution which exists in the trade mark's right, the patent and the copyright. But the exhaustions of the rights are not consistent, because the three rights are different. So the domestic legislation is so different on this issue. There is no same conclusion on the exhaustion of the trade mark's right. Countries legislations trend toward the international exhaustion on the patent or copyright. This article will analysis three different exhaustions, and clarify the point that this phenomena is due to the different characters of the trade mark, patent and copyright. And we will discuss the effects of the exhaustion of the trade mark's right and the parallel imports. We must analysis the advantages and disadvantages of the exhaustion and the parallel imports of the trademark impersonally with our country's situation, and propose the international exhaustion of the trade mark, and permit the parallel imports, but must limit those conditions which aggrieve the customers and the owners ' rights of trade mark.