The Parallel Imports Of The International Trade Realm And The Counterplan Research Of The Our Country

The parallel imports as the conflicts of intellectual property right protection and trade liberalism, is an important problem of modern intellectual property right and international trade realm on theories and practices. "The LUX soap trademark case" between the UNILEVER company of Shanghai and business import and export company in the economic technique development area of Guangzhou in 1999, bring the research of theories and practices of the parallel imports in our country into fulfillment. And along with economic development in our country, the international economic integral trend of enhance continuously, particularly with affiliation to WTO hereafter, the reducing of tariff , the elimination of every kind of trade barrier all stimulate the increase of parallel imports on the certain degree. Therefor the parallel imports will take place in our country in the realm of outside trade continuously, and the involved quantity also would be more and more large. On the one hand, it followed the policy of the free trade, can make the public get the certain real benefit; On the other hand, it infringes upon intelligent property right the person's benefits again, also will bring the public the certainly disadvantageous result. For this reason all countries is all very careful to the law rules system of this problem. How to moderate the clash of this both sides then become the core that resolve this problem. By analyzing the concept of parallel import, economic source announces to public, This thesis puts forward the countermeasure of our country .A, Explaining the concept of parallel imports is the premise to resolve the problem.If you want to solve the parallel import, you must be clear and definitefirst what is a parallel import. There are many points of view in theories field, but few of them can express its connotation completely. The thesis sums up the every definition of the concept first. Through comparison study, it opens up the advantage and shortage of each meaning. And it dissertates the two problems that how to comprehend every kind of definition of "the importer does not get the permission" and whether intelligent property rights belong to the same person. Then we get the two characteristics of parallel import: Goods of parallel import must be the " true article"; Intellectual property; rights must be protected by law at the same time in the import country and the export country. With these two characteristics, we can control the meaning that parallel import by the root. Then the writer defines the textual range of research: This text pays attention to primarily of the parallel imports that is not yet permitted by the intellectual property righter the person, intelligent property rights in two countries belongs to the same the one person' s, namely the parallel imports on the narrow sense.Two, announcing the economic source of the parallel imports is the key to resolve the problem.Why is the parallel import worth striving for? Investigating reason among them, the most important' is the difference in price existing in the different regions. So, production cost of goods at export country, plus freight, tariff, insurance... etc. still smaller than its sale in the import country. Like this parallel importer can acquire the big profits. How does the price difference produce? On one hand there are the reasons of theories of "comparison advantage", that is, the difference of factors in land, labor force, resources... etc. in different regions changes into the price difference of same merchandise; On the other hand, the intelligent property right operating exercises in different regions, the economy of the authorization user paying, price bias, rate changing, supply relation anddifferential reasons in quantity also are the reasons. This thesis emphasizes on the later reason, then announces economic source on the deep level of structure of the parallel import. With this, we can work well for the law rules system of parallel imports.Three, the attitude and the law that international communities adopt to the parallel imports draw lessons for our country with the experience.For understanding deeply the reason that other countries adopt different attitude to the parallel imports, we must introduce first the two theories foundation that they adopt different attitudes to the parallel imports:Admission parallel ---- principles of rights exhaustion and limitationparallel imports---- principles of territoriality. At the same time, thewriter expatiate two mistakes of the theories field to the parallel imports, that is, namely the writer thinks that negotiation according to the Trips Article 28 gives the patent right to limit the parallel imports, is incorrect; The space characteristic can't resolve the parallel imports. And, according to all countries fulfillment, tally up the other theory foundation that all countries treat the parallel imports: (a) contract theories; (b) the contract guarantee theories in the international goods business; (c) the permission theories of the right shows; (d) economic competition law theories. Thus it provides theories cushion for concrete introduction in three aspects in patent, copyright, trademark in all countries' law rules.Four, the attitude consideration that our country should adapt to the parallel imports.For treating parallel imports correctly, firstly we should proceed value analysis in our country' current state to the parallel imports to make sure the right mindset. This chapter first expatiates this problem from below three:(a) analyzes parallel imports on the angle of economic analysis; (b) analyzes parallel imports on the angle of the law philosophic; (c) explains parallel imports on the angle of the international trade. As for the lawrules system in present stage to parallel imports, we can see from the research before, all countries have no a general lawmaking. The writer thinks, although our country has no uniform law rules, this is a best provision. Just like the other nations, according to environmental variety of international trade in our country, we can adapt a vivid attitude to protect the largest benefits of our country'. And there are many different theory foundations to parallel import. They are not isolated but contact mutually. We can put together with them, developing the advantage of every kind of theoretical well, coming for our country's interest on every little point.