Research On Parallel Importation From The Perspective Of Trade Liberalization

Parallel importation is an unique trading phenomenon in the technical trade field,and it has caused scholars' attention since 1980s.Many literatures have made analysis from the angle of jurisprudence and the economics,and have put forward a lot of interpretation and policy recommendations.But parallel importation grows until today,its complexity increases and derives many new forms.While formulating trade policies on parallel importation,many countries still cannot have a stable policy conclusion.The reason is rooted in the the contradict between trade liberalization and intellectual property protection,but only the harmonic method for compromise can be used to settle this contradict.For a reasonable evaluation of parallel importation policy,the paper introduces the welfare analysis to the theoretical analysis of parallel importation.Under this perspective of analysis,the influences of parallel importation are in accordance with the one under the perspective of trade liberalization and intellectual property protection.In the policy suggestions,the focus is on the boundary of intellectual property protection,and the policy suggestions for our case are given in the end.In the first part,the challenges brought to the international trade by parallel importation are expounded,and a clear definition of parallel importation is given.The paper lists the economic background of parallel importation-trade liberalization,and its specific economic reasons–price discrepancy,cost discrepancy and international surplus;Further analysis of the development trend of parallel importation is given,the development of multinational companies stimulates parallel importation,the wider and wider scope of goods and countries contained in parallel importation also brings more arguments.In the second part,this paper discusses the inner contradictions of parallel importation.Parallel importation itself is a typical presence of the conflict between trade liberalization and intellectual property protection whichi is the most fundamental conflict.As trade liberalization is the development trend of economy,the private economy has the essential requirements within the scope of the free flow of goods.But as a special kind of private right,the intellectual property needs to get a certain degree of protection,and it is where the contradiction is.Parallel importation is promoted by trade liberalization process,and clockwisely promotes the development of trade liberalization.At the same time,the object of parallel importation is intellectual products which involve the intellectual property protection.Less protection and excessive protection for this kind of commodity trading will both bring adverse effects.Therefore,the parallel importation is an unwieldy unique trade phenomenon.In the third part,this paper tries to introduce the welfare analysis of parallel importation to evaluate its value.In previous studies,many scholars deeply discusses the legal principles of parallel importation,and draw complex conclusions.My view is that the social welfare can explain the reasons of parallel importation's existance objectively.Parallel importation contains various kinds of macro and micro stackholders,and has different effects on them.As to the whole society welfare,parallel importation as a presence of trade liberalization will promote the total welfare.But as a kind of intellectual property products'trade,it will have negative effects on enterprise innovation.In the fourth part,based on the above analysis,this paper put the essences of policy on the boundary of intellectual property protection.Parallel importation's existence has significant influence to the consumers and exporters in China.But the policy against parallel importation is still a blank.The paper introduces three basic policis of parallel importation in the world:domestic exhaustion,international exhaustion and regional exhaustion.The three policy are a reflection of the boundary issue in intellectual property protection.China should consider the industry promotion factors when drafting the policies.International exhaustion principle is suggested,but in order to protect the interests of the stackholders,we should enforce strong regulatory practice to parallel importation and make differences among policies.The paper makes an analysis on the aboriginal root and social welfare of parallel importation and acknowledges the complexity of parallel importation.We cannot find a complete solution at present.But trade liberalization is an irreversible development direction of the global economy.Under this framework parallel importation should not be simply banned,but should be allowed to exist.Under this premise,how to strengthen the supervision and management of segmentation is needed to be considered.