Legal Analysis Of A Case Of The "AN' GE" Trademark Parallel Imorpt

Along with China has achieved social stability and economic prosperity through reform, opening up to the outside world and modernization and foreign trade development, our country has already become a big trade country. Because the International Trade Liberalization developed quickly and China became a full member of the World Trade Organization, the trademark parallel import increases day by day .Through comprehensive analysis on a case a of "AN'GE" trademark parallel import in our country, attempting to analyse that now this one of the hot topics about world property right domain and international trade domain. And now there have main theoretical argumentson this problem.For the legalization of all countries in the trademark parallel also seldom has the condition of explicit attitude to this, this also reflects the complexity of the trademark parallel admit subject. In practice, about the trademark parallel is "forbids" or "go" decided by the need of a national economic development. The analysis of juridical practice in other country and the theory of the trademark parallel import, attempt to investigates an adaptation road for our country state when miss the trademark parallel import.This full text about 30,000 characters, and mainly divided into fives part. This text mainly analyze a trademark parallel import case of "AN' GE" and elaborate to the trademark parallel import.The first chapter, through a case of "AN' GE" in our country and the decree of court, analyse a problem in the decree of court, and our country legalization on this problem .Pass the introduction of the international legislation and related national legalization and judicial experience about the trademark parallel import to draw a lesson to provided a useful part for our country to legislate.The second chapter, mainly from franchise right and the trademark parallel import to analyse, elaborate the necessity of the trademark parallel import's generation. From the mark and the right of trademark's notion and characteristics to analyzed the generation of franchise right and his notion define in the province of the trademark .Then to elaborate the necessity of the trademark paralle import's generation throng analysis the notion of the franchise right and the case of the trademark parallel import's generation.The third chapter analyze and recommended two great theories which one is exhaustion of rights, the other one is the region of rights about the trademark parallel import currently in the international to criticize this importation is legal or illegal.Four-part cent, analyzed the function of trademark and from the angle of competition law to treat trademark parallel import. And introduction the theory of implied trademarked license. Pass analysis on three above-mentioned to study the new thinking road to solves the trademark parallel import problem.The number fifth fraction, analyzed the trademark parallel import's gains or losses for our country, our country of state of the nation, we get some useful polices to solve the trademark parallel import problem when our country face the realities of the trademark parallel import.