Research Into Legislative Restriction Of Parallel Import Of Trademark Goods

Parallel imports refer to those actions, in which without the IPR right holder of the import state's authorize, the parallel importer purchase the said goods from foreign IPR country, and may sell the goods interiorly. For the parallel importer is not IPR right holder, or authorized by the right holder, and the goods are indeed genuine rather than the fake black market goods, the parallel import is on the confines of the genuine and black market goods, and there are many difficulties in regulate whether it is legitimate.This problem can be classified into the copyright field's, the patent field's and the trademark field's, and the author will discuss the phenomenon of parallel import of trademark goods. With the trend of economic globalization ,parallel import of trademark goods is becoming a concernful problem in academia, after analyze the different theories and interest relationship in this field, the author put forward the principle that parallel import of trademark goods should be permitted with some reasonable restrictions.Chapter one introduces the fundamental theory and major theories of this problem. Describes the concept, characteristics, main types and reason of this problem, analyzes the interest relationship among trademark right holder, parallel importer and consumer; then discusses the theories in the current academia, especially the main theories, i.e. principle of territorial exhaustion and principle of exhaustion of rights, these different theories have an influence on the policies of countries.Chapter two is concerned with the international law and some typical countries'legislation and judicial practices. For the international law didn't respond to the problem, every country could choose his own way to deal with it. The policies are diverse among different country for their different interest orientation, then the author analyses some countries'policy to enlighten China's legislation.Chapter three concentrates on some legislative considerations of parallel imports of trademark goods in china. For china haven't make known one's position about this problem in existing law, which made the judicial practices in this field rather confusing, and have brought about some bad effect in home and abroad. The author proposes the principle that China should permit the parallel import of trademark goods with some restriction, and give some legislative advice on the said principle.