The Research On The Parallel Importation Of Patented Product

With the development of the procedure of global economic integration, the parallel importation becomes much more obviously in the economic tradition of the world day by day, but there is no relevant regulation of this problem in the pacts of intellectual property. There are lots of ideas about the parallel importation separately, and the government of each country had set down different rules about the parallel importation on the basis of their own fundamental interests. We permitted the parallel importation of the patented product in the new Patent Law. Patented product parallel import is that the patent of the products gets the protection from two or more countries; someone imports the patented products to those countries from abroad without the permission of the owner of the patented and put them into the market to sell.Patented product parallel import has different forms, such as the normal parallel importation, the parallel importation in reverse, and the parallel importation to the third country. And there are lots of reasons about the parallel importation; the main reason include the different price, the fixing price rules of the multinational, the fluctuation of the exchange rate and the change of the relationship between the supply and demand. The different price is the most fundamental reason. Because of the cost is different, and the price of the same product is different in each country, so the different price gives the parallel importers a chance to parallel import the patented products to gain profits. Although the behavior of the parallel importers will provide plenty of patented products to the consumer, it will have a negative impact to the related party of our country. In the international community, each sovereign country has paid much attention on the issue of parallel importation.There are many principles of parallel import of the patented product, such as the exhaustion of rights doctrine, the principle of the right to limit and the principle of implied license. In this paper, the writer analyses the different forms of the parallel importation and the related principles on the basis of the existing results of theoretical. And also describes the attitude to parallel importation in European Union and Japan and the enlightenment for our country. The third part in my text is about the impact of the p- ermission of the patented production parallel imports, including the positive impact and the negative impact. And also make some suggestions to keep the negative impact away in the last part.