Patent Parallel Import In TRIPs Treaty

Patent parallel imports is concerned and regarded as hotspot by all country in intellectual property right and international trade field. it means that importers in a country who are still not permitted purchasing the patent products that were produced or manufactured by patentee or patent licenser when the patent have been protected by the law of importing country . All country also disposes in according to their factual condition because it is not guided definitely in international conventions, so their legislations are not different from one anther.There still is not legislation guiding for patent parallel imports in China today. For now, patent right increasingly is protected through international and international trade inclines to liberalization , so patent parallel imports not only involve with benefit patentee , but also have important impacts to national industry and economical development for a country . We should get ready to it though there are not cases about patent parallel imports by far up to now in China. I analyze all kinds of theory doctrines about parallel imports,compare practices about legislation and judicial of parallel import and finally bring out the advices that adapt to our country fact in order to integrity our legislation ,as is also the intention of writing the articles .There are five parts in the article .I introduce concept,categories,and cause about patent parallel import ,that make basic condition of patent parallel import known ,then illustrating the guiding about parallel imports in international conventions and the importance of researching it in the first part . In the second part, I chiefly explain and discuss the basic theory about parallel imports. There are three main theories correlative today internationally ,that include of intellectual property exhausting theory,implied permitting theory,importing right theory . I explain detailed the origin and legal theory foundation. I set forth the impact and correlative economical value about patent parallel import .I mainly elaborate the impact about patent parallel import to licenser and international trade, then analyze the economical value from whole to part. I concluded legislation guideline,legislation causes,and legislation development through comparing and analyzing foreign legislation and judicial practices in the fourth part. In the fifth part ,I put forward the right attitude and effective policy on the basis of our condition .Because China is a developing country , patent parallel import chiefly take place from our country to other country .But it is not the best choice to ban or permit it . We should draft our law that adapt to our country through studying other country and principal of law.