Research On Parallel Import Of Patent Products

Parallel imports, also known as the grey market, is a characteristic phenomenoncaused by the territorial characteristics of intellectual property and the internationaltrade. Patent parallel imports is becoming increasingly focused, as a significantbranch of the parallel imports, along with the strengthening protection of theintellectual property and the more frequently international trade. Patent parallelimports involve not only the interests of the patentee, but also the interests of theconsumers. And it even relates to the trade, technical innovation and economydevelopment of the entire country.China revised the Patent Law in the year of2009, and clearly allows the patentparallel imports, which conforms to the trend of China’s economic transformationand sustainable development. China’s current policy of parallel imports of patentedproducts has much practical significance, and we should also learn from theexperience of the developed countries and make long-term considerations. What ismore important is that we modify the policy of parallel imports as the developmentof our economy and innovation capacity.This paper analyzes the patent parallel imports from the basic theory, legislativestatus, and judicial practice. With deep discussions on many typical cases, this papertakes how China should do with the patent parallel imports as its ultimate point, andthe author gives some advices to the further improving of the legislation of Chineseparallel imports.