Research On Value Orientation Of Legislation About Parallel Import Of Patented Product And China's Choice

Parallel import of patented products, which occurs a lot in international trade, refers to an importer without authorization imports the patented products produced and sold by patentee or licensee abroad and sale in the country where the patent is still under protect. Countries and jurists pay great attention to this issue because the patented products differ from the common goods in traditional international trade, containing patent right which is of monopoly. Due to different understanding about monopoly degree, jurists can't arrive at an agreement. What's more, different countries hold different opinions, some permit, some forbid even some keep silent. It's rather a complex problem concerning trade policy, development level, cultural background and so on. And all the countries make arrangement in their own favor. So far, the convention refuses to give any regulation about this issue because of the tremendous divarication and this makes more difficult to know the countries' attitudes toward parallel import. China is a developing country , which belongs to low-price area, and parallel import of patented products hasn't happened a lot. However, we still need to attach great attention to this problem for it's possible that parallel import happens in low-price countries, especially in our country where other actors , which attract parallel import , exist. The scholars in our country have done much research on this issue, however, big divarication still. So, doing research on this issue is of important theoritic and realistic meaning.This thesis consists of 3 parts. In the first part, the author introduces the concept, character, occurrence mechanism, theories for or against and basic attitude to parallel import of patented products.In the second part, the author analyzes the value orientation of different legislation on parallel import of patented products. Taking the opportunity of value of law, the author discusses developed and developing countries' value orientation and points out that the difference is subject to their development level, then use the concept "degree" in philosophy to analyze the necessity of right-restriction and anti-restriction, makingdeep analyzing about intellectual property and patent right as example. Then the author explores the concrete background of developed and developing countries' different protect level on intellectual property and take their legislation and judicial practice for example to verify the above opinions. Putting forward on this foundation, the author points out that we should deal with this issue in big system scope from many angles.The third part is of great importance and also a conclusion part. In this part, firstly the author gives three popular viewpoints and their reasons, then introduces other opinions about this issue, for example using customs act to regulate parallel import. Thereafter the author gives arguments on these viewpoints and discusses the right degree of intellectual property in our country, coming to a conclusion that we should permit the parallel import of patented products in doctrine and explicate exception provision. In the last, advice on legislation in details are given: to follow the free-trade trend, considering the development purpose, extend exhaustion of right doctrine in patent law, permit parallel import of patented products, and make full consideration of patentee and licensee's lawful rights, respect the principle of private autonomy and allow the both parties make free appointments in contract, use anti-unfair competition act to regulate and necessary trade-protect also need. Above all, make sure china can get greatest interest and achieve development goal.The innovation of this thesis lies in analyzing the frontier issue of law from the angle of philosophy "degree" and putting forward detailed advice on legislation about parallel import of patented products in our country.