The Legal Regulation Research On Parallel Importation

With the growth of international trade and the continuous progress in intellectual property rights protection, parallel importation arises from international trade, which is the problem that every country would be encountered. Parallel importation is a question not only refers international trade question, but also refers the intellectual property rights protection. It is the contradiction between the international commodity free circulation and the intellectual property rights protection.Parallel importation, it is called by"Grey Market". Parallel importation occurs in such condition that an unauthorized importer purchases the goods abroad and imports them for resale in the importing country without the permission of the owner of intellectual property rights. The major reason of parallel importation is the difference of goods'price in different countries. There is much causation resulting in price difference, such as the producing cost of goods, the intellectual property owners'strategies of making price, countries'custom policies, etc,the parallel importers purchase the goods from the intellectual property owners and resell them in the importing country to earn these profits. On the one hand, the behaviors of parallel importers are in favor of breaking the monopolization and accelerate the freedom of international trade. But on the other hand ,these behaviors would tamper the interests of the owner of intellectual property rights.In history, the dispute of parallel importation are not too much, but with the up-rush of international sale of goods and technology on the ground of the economic globalization, the litigations of parallel importation come forth in the gross. With the scope of intellectual property protection enlarged, the range of parallel importation is extended. The parallel importations of patent, copyright and trademark are the most frequent and fundamental types. The issue of parallel importation can't be avoided since the protection of intellectual property is strengthened within international society. People pay more attention to research the theory and legislation of parallel importation. Exhausts principle, the default permission principle, the regional principle is the parallel importation suitable main principle. The writer critically consider relevant traditional theories of parallel importation such as territorial principal, exhaustion of rights, implied permission and etc., indicate their deficiency and predicament and put forward my own viewpoint. Because the parallel importation involves the various economic interests, the various countries' opinion is with difficulty consistent. Thus, the TRIPS agreement has not made the unification stipulation regarding this, but decides the prohibition voluntarily by various member nations or not.The legislation of parallel importation mostly roots in national law, especially the developed countries or the countries of high level of intellectual property protection. Till now, the U.S.A, Japan and the countries of European Union have the related legal systems about parallel importation. The attitude of parallel importation even in one country is often changeable during different period.Because China is a low price country ,parallel importation question occurs very little in China before, result in thinking less of parallel importation question .With joining into WTO, the overall level of customs duty reduces in large scale, the import and export environment obtained the further optimization, along with the enhancement of Chinese economic potentiality, caused the parallel importation has met the requirement from system stratification plane and in the economic basis. Therefore, the parallel importation question will certainly to be more and more in China. thus, China must have the explicit policy guidance, he legal basis and the specific measures inevitably in the processing parallel import question.Through the further analysis of the theories and practicing problem, the author thinks it is good for China to permit parallel importation in the present period. At the same time, it is necessary for regulating some restrictions to reduce the negative influence of parallel importation.