Discussion About The Compoundable Legislation Adjustment Of Parallel Import Of Trademark Goods

With the strengthening of the international protection of intellectual property, the problem about parallel imports of trademark goods becomes increasingly hot in the area of international trade, which worsens the conflict between the global free trade of commodity and the international protection of intellectual property. Parallel imports of trademark goods is a very complex problem. It involves the interest of the public, the trademark holders, the international franchisee and the main multi-parallel importers, which is not only the international trade issues, but also is related to intellectual property rights and anti-unfair competition, etc. As a result, how to deal with such a problem now is an urgent task for legal researchers in most countries.Meanwhile, the author notes, some international treaties on the protection of intellectual property keep silence on the issue, and academics also have different opinions about it. The legislations on it in many countries and international organizations have little in common, some of them even not refering it. Considering the economic interests, the lawmakers generally choose a system of parallel imports of trademark goods, which benefits themselves.Looking from the practice, parallel imports of trademark goods represent more trends in China, though appearing shortly. However, law in China ignores the parallel imports of trademark goods. Facing with the urgent demand to solve the problem, author further analyses and explores traditional theories, and reviews foreign judicial precedents in detail, in order to find methods to solve it in law in China.The paper is consists of five parts as below:The 1st part: When studying domestic and foreign legislations, two typical cases bring out real problems about protection for trademark right of Chinese international franchisee in China. The real problems include the lack of practical legislation and theoretical research.The 2nd part: Summarization about the parallel imports of trademark goods. Mainly analyses the concept, feature, existing patterns, forms and reason. Then the article discusses the interest measure of interests group, and weighs the interests among the international franchisee and the main multi-parallel importers, individual interests and public interests, in order to provide reasonable methods to solve the law for the parallel imports of trademark goods.The 3rd part: Discusses the legality of parallel imports of trademark goods. Introducing major theories about how to solve the problem, and analyzing the confusions in these theories. At the same time, argues its legality in trademark law, competition law and the legitimacy of the anti-monopoly law, etc.The 4th part: Regulations of international conventions about he parallel imports of trademark goods are introduced. Different legislation and judicial practice in some major developed countries and new-rising countries on intellectual properties are compared and analyzed.The last part: Combined with comparative studies of other countries and Chinese conditions, points to principles and measures that we should adopt when deal the problem, that is, we should shelve it temporarily on legislation and learn sufficiently about various technical rules on justice, and then finally solve it in a more reasonable way.