On The Problem Of Parallel Import

The parallel import is the unique important economic realm that WTO member's countries still did not reach consistently after many year' s dispute. In international academic circle, concerning the alleging objects of the parallel import, causable reasons, output influences, taking or rejecting reasons, the laws of main nations, etc, there are a lot of different interpretations.The author' s purposes are: through combing , critiquing these different interpretations, combining the related cases and putting forward the author's comprehensions to the above-mentioned problems, to clear the mistakes , cancel or decrease the differences, reveal the parallel import problem thoroughly, deeply and accurately, promote maturity of the parallel import theory, put forward the reasonable measures that prevent parallel import according to the above understandings and provide the reasonable leadings for the related practices of the enterprise and judicial circles, sweep away the obstacles for the solution of dispute of WTO member's countries.For attaining the above purposes, the author insists the principle of theories unifying practices, and the principle of history combining actualities, studying a great deal of Chinese and English cultural heritages, collecting theory standpoints and various related cases, investigating the development histories of parallel import of main nations, carrying on the appropriate inquisition, and making use of the analytical and comprehensive thinking methods to process, obtaining the following results:1, Owing to the views about the alleging objects of the parallel import are too many, too disorder, the people are saying different "parallel import" when they are announcing the standpoints about the causes, influences, the taking or rejecting reasons, etc, this article combs and critiques those different interpretations of the academic circle systematically, researches the substances of "parallel", "import", "gray" and "parallel import", puts forward "the core parallel import", induces its five characteristics.2, Analyzes the causable reasons of the parallel import systematically, deeply, using the conception of "the comparative price gap", listing the formulas that the comparative price gap influences parallel import, dividing the reasons into three aspects: the prior condition, subjective condition, objective condition. Not a few scholars suggest that the price gap is the unique reason, and do not go deep in to analyze its function mechanism. It is not enough.3, Discloses the influences of parallel import from many dimensions, for example, most people comment that parallel import causes descending of the price , the repay of the intelligent property right owners and the investment enthusiasm, ability, etc, but this article suggests it may not descend, even will rise, and analyzes the reasons.4, Carries on the summary and analysis to the related law systems of some main nations, particularly clarifies the American law concerning various exceptions about forbidding the parallel import of the trademark products and their relation: The Tariff Act of the United States had established" the Written Permission Exception" and " the Personal Usage Exception" ; the Customs Rule had established " the Affiliate Exception "and" the Label Exception"; a case law had established "the Substantial Different Exception" . " The Written Permission Exception" ," the Personal Usage Exception" and " the Affiliate Exception " are the exceptions of the forbidding of the Tariff Act; "the Substantial Different Exception" is theexception of " the Affiliate Exception "; " the Label Exception" is the exception of "the Substantial Different Exception".5, According to the above-mentioned understandings, puts forward various measures that prevent parallel import, these measures mainly include: making use of the appropriate price gap, the reasonable brand strategies, the appropriate contract arrangements, dissimilarity of various product standards, the crossing of intelligent properties, the Substantial Difference Strategy, etc.