Legal Analysis Of A Case Of MICHELIN Tires Trademark Products Parallel Import

Parallel importation refers to the trademark products in international trade, importers without the trademark rights of import (including the trademark owner and the trademark owner) agreed, legally authorized to import from outside the production of similar products with the same behavior of the trademark. Parallel imports of branded goods is the root of the differences of each country's comprehensive national strength, which played a major role in the economic and technological level and the level of labor costs, technology represents the level of high and low value-added products, labor costs directly determines the level of product Price, in the pursuit of maximum profits, driven by parallel imports caused the production of branded goods. With China's economy maintained rapid growth, raising the level of technology and increasing labor costs, low-cost manufacturing in China is on the market by the high cost of manufacturing to the market changes, parallel importation of branded goods in our case also appeared.This paper describes the case of parallel imports Michelin tires start, in the case based on the analysis to explore the absence of express provision in our law under the deal with the reality of parallel import trade mark products are based principles of law. The innovation of this paper is different from the previous article on parallel importation of trademark products, legislative proposals put forward, but based on the Chinese legislation for this short period of time will not have the actual situation, trying to find a solution to this problem in a reasonable legal Principle of judicial practice in the applicable legal principles.This article is divided into four chapters:The first chapter a brief introduction to the case for ruling out the argument of the issues to be addressed. It is found in our current law does, so the article tries to traditional concepts and new ideas to find a reasonable basis.The second chapter on the traditional theory of the principle of exhaustion of rights principle and regional analysis to these two principles that are not appropriate in the current situation of our country, can not reasonably resolve the case.The third Chapter prefer the right to limit new principles and the principle of attribution, so the analysis to find a basis to support their views, and in front of the case occurred as a demonstration basis. To work out a reasonable solution can be the case, and has general applicability.The fourth chapter is the conclusion part, the author analyzes the right to restrict the main principles and application of the principle advantages of imputation and draw parallel imports of products to treat trademarks attitude towards the problem.