A Research On Parallel Imports Of The Cosmetics And Exhaustion Of Rights

With the development of the global economy, the exhaustion of the intellectual property rights and the parallel imports have become one of the hotspots in the world intellectual property and international trade. As one of the most active products fields in the world the parallel trade of cosmetics is, and because it occurred frequently in parallel trade and related directly to daily life of people in China, this essay analyses this problem based on the cosmetics .For the reason that the parallel imports of cosmetics involves less in the patent field, the author of this essay mainly discusses this problem in trademark and copyright field, and pay more attention in trademark field. This essay includes five parts. In the part of introduction, this essay describes the concept of cosmetics and parallel imports of cosmetics first, then, on the basis of this, provides the problem of parallel imports of cosmetics. At the same time, it analyses the research situation aboard and in domestic country, finally puts forward the content and the methods of research. Then in the second and third parts, it researches the theory of exhaustion of intellectual property rights and the legislation and judicature overseas, finds that different countries adopt different methods to deal with this problem with the consideration of economy situation they are in, and world treaty has not yet shown clear attitude to this problem. Through analyzing the relevant legislation and judicature in U.S.A and E.U, the author Sums up the related case in the parallel imports of cosmetics, concluding the rule of the judicature and wishes to provide some references to our country. In addition, in the forth part of the essay, author researches the influence of economy in the parallel imports of the cosmetics, including the situation it in, the reason it occurred, for example, the different of the price, the supply over the normal volume and the free riding; and the effect on the related individuals, such as manufacture, dealer, parallel importers and consumers and the influences on the macroscopical economy in the importing country. Through the analyzing the influence of economy, discuss the legality of the parallel imports. At last, based on the practical situation of China, the essay puts forth that currently, China shall permit parallel imports on cosmetics in principle, but some restriction should be set up in it for different situation, neither in judicature nor in administration. At the end of the essay, author sums up the main ideas and brings up the image of the future in the research.