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Legal Study On Parallel Imports Of Trademark Products

Posted on:2010-11-27Degree:MasterType:Thesis
Country:ChinaCandidate:H W WangFull Text:PDF
GTID:2166360275485813Subject:International Law
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Parallel imports of trademark products concerns intellectual property and internatinal trade. How to tackle parallel imports of trademark products is a important issue of the international law academic circle all the time.Though appearing recently in china,it represents more and more trends.The present laws about the parallel imports of trademark products are still inefficient and there are no specific rules in judicial practice.Parallel imports of trademark products occurs in such condition that an unauthorized importer purchases the products of the same kind with the same brand abroad and imports them for resale in the importing country without the permission of the owner of trademark right.The issue of parallel imports of trademark products not only concerns the question of international trade,but also concerns the questions of unfair trade. Though appearing recently in china,it represents more and more trends.However,effective law regulation about it is lacked in our country.Specific rules haven't been formed in judicial practice.Parallel imports of trademark products much concern and dispute in international trade and internatinal trade.because it is difficult to conciliate the interests of parties concerned in it. Therefore,he international community does not reach an agreement to legally regulating parallel importation.Among all the international conventions or treaties,there is no provision concerning parallel importation,even TRIPS which is alleged to demonstrate common will of many countries, keeps silent to this issue and it remains the domesticissue of member state.This reflects the complicatedness and difficulty in regulating parallel importation.Because different country systems of law have their own legislative purposes,and the rights regulated by them have different legal nature,the means adopted in these systems of law to tackle parallel imports of trademark products issue have different approaches.The article is divided into five parts:The introduction part,by introducing the issue of development and Research about parallel imports of trade mark products,the purpose of writing this article is led to.The chapter,My research first defines the concept,characteristics,form,development trends causes of parallel imports of trademark products.The Chapterâ…¡,analyzes theoretical problem,solution of parallel imports of trademark products in a variety of theoretical questions.including:Exhaustion of trademark right,The Territory Doctrine,regional theory of function,Competition law theory,the principle of balance of interests.The Chapterâ…¢,Then,adopt a comparative study method beginning with a study of relevant international norms(e.g.WIPO/TRIPS),focused on the relevant legal regimes of developed countries(including U.S.A.,European Union and Japan) and the legal regimes of developing countries(especially Singapore,Korea).The results of this research will be applied to analyze to make amendment recommendations.The Chapterâ…£,Finally,analyzes the present laws of China about parallel imports of trademark products,and puts forward legal suggestions on problems arising from the parallel import of trademark products.Innovation in this thesis:in short-term,legislative proposals to tackle parallel imports of trademark products,Permit and to prohibit the combination,According to the development of different industries,international trade status and China's Employment Situation.The medium and long term,when our country achieve industrial restructuring,the proposed development conform to the trend of economic globalization,free trade and international development inevitable trend of parallel importation permit to take the legislative proposals.In the thesis,the main method of research involved:â‘ comparative study method.in the thesis, beginning with a study of relevant international norms(e.g.WIPO/TRIPS),focused on the relevant legal regimes of developed countries(including U.S.A.,European Union and Japan) and the legal regimes of developing countries(especially Singapore,Korea).â‘¡Empirical analysis.in the thesis,author analysis industries and the employment situation of China.accordance with our country's current national conditions,puts forward the short-term legislative proposals.â‘¢legal theory of analysis method,in the thesis,the author analyzes various theories of parallel imports trademark products in the international.including:Exhaustion of trademarkright,The Territory Doctrine,regional theory of function,Competition law theory,the principle of balance of interests. The author put forward ompetition law and the balance interests theory and fit the theory of parallel imports of trademark products.
Keywords/Search Tags:Parallel imports, Parallel imports of trademark products, The balance of interest, Proposal for legislation
PDF Full Text Request
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