The Study Of Trademark Parallel Importation

After China's entry into WTO, trademark parallel became a hot spot before us. The trademark parallel importation is directly in relation to the coordination and balance of the conflicts among concerning parties, meanwhile, influenced and interrupted by kinds of factors, which is badly for regulating by seeking & exploring scientific and effective methods. This Article is staring from the interest balance aspect and stressing on detecting the conflicts and background reasons of all concerning interest parties during the trademark parallel importation, and trying to find a new way and scenario of balancing all complicated interests effectively through comparing and analyzing different theories in order to provide constructive proposals for our country in resolving trademark parallel importation issues. This Article includes four chapters.Chapter I: The Summary of trademark parallel importation. In this Chapter, I presented the background, conception and characteristic of parallel importation and conducted a general presentation and analysis for conception and benefit-risk of trademark parallel importation.Chapter II: Interest balance theory and trademark parallel importation. In this Chapter, I dug on the internal relationship between interest balance and IPR system from the law theory, stated interest balance is the important theory foundation of IPR, and presented the main principles of trademark parallel importation, made a preliminary analysis on the interest conflicts from different angles in order to pinpoint the scenarios of dealing with trademark importation parallel issues for our country.Chapter III: Laws and Stipulations for different countries (districts). In this Chapter, I presented the development clues of USA, European Union and Japan on trademark parallel importation theory and summarized the background reasons and raised thoughts on our development in this regard.Chapter IV: The issues of trademark parallel importation in China. In this Chapter, I suggested our attitude and legislative proposals for trademark parallel importation for our country.