Legal Research On The Parallel Importation With Trademark

Parallel import of trademark, which concerns intellectual property and international trade, reflects not only the intellectual property protection and liberalization of international trade but also the conflicts between the interests of the trademark holders and the public. It is also a question of the balance of interest within different parties. At the same time, not only is parallel import of trademark a legal problem, but a problem of economy policy. Therefore, the international community could not reach an agreement to legally regulate parallel importation; and parallel importation of trademark commodities is determined by the requirements of the development of a country's economy in practice, which is not an absolute issue. In consideration of the national interest, the interests between trademark holders and the public are balanced. In an era of economic globalization and trade liberalization, the circulation of products has reached unprecedented popularity, especially after China's accession to the World Trade Organization, the concession of tariff, together with the external trade policy and rapid development of national economy, impels an increasing appearance of national well-known trademark. Faced with the increasing parallel import of trademark problem, it is very important for China to make legal choices and fix up the blank of law.This paper consists of four chapters.Chapter one mainly introduces the basic conception of the parallel import of trademark, aiming at establishing a foundation for a further understand of this problem, proposing that the core of parallel import of trademark is the balance of interest, and helping to acquire the conclusion after the comprehension the content of the other chapters.Chapter two analyses the basic theoretical problem. As the introduction of exhaustion of trademark right, import right, responsibility principle, the reason for the legal choices is explained, and the application to judicial practice is made.Chapter three summarizes the reasons for legal choices by introducing the judicial cases of EU, America and Japan. This, combined with comparative studies of the international conventions, can give reference to China's legislation.Chapter four traces back the blank of the legal regulations through the confusion of judicial practice. It tries to explain the necessity of legislation, and gives a reasonable legislation advice. Meanwhile, combined with the three chapters above, it can be concluded that trademark parallel import should be mainly forbidden, but regulation on exceptions is allowed.In a word, through an overall study of parallel import of trademark which is made to have a comprehensive understanding of it, the legal system should be set timely. The purpose of this paper is devoted to the improvements for the relevant legislation.