Studies On The Rationality And Prohibition Rules Of Parallel Import Of Trademark In China

Under the background of international trade's prosperity, parallel import has always being one of the hottest issues in the area of Intellectual Property. It is of great significance to the study of export strategies if sensible measurements for parallel import offered. Some experts pointed out that the issue is not a legal controversy, either a simple trade countermeasure, but a more complicated conundrum with features of economy, trade policy and law. Though complex or important, it is quite urgent to proposing practical solutions for more and more cases coming from parallel imports. In the area of trademark, there're no such formal regulations in China either. The court used to apply the rules of infringement or unfair competition in judicial practice, which is one-sided, isolated and instable. Therefore, a complete and reasonable law system for parallel imports of trademark should be built in accordance with the level of China's actual trade conditions.According to available literatures, countries took different attitudes to parallel import products. However, there's one in common that we have to consider the different countries'actual conditions, different trademarks and different products when deciding whether the parallel goods should be imported, instead of imposing a uniformity in judging the rationality of parallel import of trademark. According to the theory above, this paper will first demonstrate the quite rationality of parallel import of trademark in present China on the theoretical foundations of Chinese trademark laws, competition laws, foreign trade laws, and then explore the specific restriction terms, which are also named as the exceptions for parallel imports in analyzing typical cases arises in Europe, America and China.This paper will focus on the issue of parallel import in trademark area, inferring that, at first, in considerations of indication usage of trademark and low-price export current status in China, it is adorable to take the policy that permission is primary, prohibition is supplementary; secondly, when the parallel goods tally with the prohibition rules, the parallel import should be utterly prohibited.This paper briefs the issue into four parts.The first chapter introduces briefly basic theory of parallel import of trademark, including the basic concept, the features, the causes and the categories. The chapter 2 and 3 are the core part of this paper. Chapter 2 will probe into the rationality of parallel import of trademark on the angle of several department laws; chapter 3 will sum up the specific exception terms for parallel import by sorting and analyzing cases from home and abroad with a method of comparative history. The final part will offer the just value orientation and practical restriction rules in parallel import of trademark for judicial reference subsequently in China.