Trademark Product Of Parallel Importation

The parallel import of the trademark rights has been the hot topic in the field of intellectual property rights. The professors disagree greatly on it and the rules are also different in different countries, moreover, more countries even don't stipulate it. Many scholars believe that TRIPS haven't stipulated the parallel import of the trademark rights, so the countries can decide how to copy it by themselves. In the process of studies, finding there are a lot of faults about the theory of the parallel import of the trademark rights, the author writes this thesis to clarify the faults.This article includes six chaptersThe first chapter, at first, defines the concept of the parallel import of the trademark rights. Secondly, discusses its characteristic . Thirdly, classifies it. At last, explain the causes of it and the influence it causes.The second chapter studies the legislation and judicature about the parallel import of trademark rights in America, The Europe Union and Japan. The methods of this chapter are historical and case's study. The writer hope the study of other country can do favor to our country in copying with the same problem.The third chapter probes the theory about the exhaustion of trademark rights which has been the predominant theory relating to the parallel import problem. The author disapproving the idea that the exhaustion can be used to copy with the problem of parallel import, concludes "universality" or " territorially" of the exhaustion can't be taken as to approve or oppose the parallel import.The fourth chapter expounds the relations between the unfair competition and parallel import. The aim of trademark law is to promote competition, so the trademark law is the special law that belong to the general law of unfair competition. The parallel import of trademark rights which often influence benefits of many kinds,coincide with unfair competition, hence, the unfair competition law may be the best to rule the parallel import of trademark rights.The fifth chapter discusses the role of the contract theory in the parallel import of trademark rights. In this chapter, the author explain the license , even the exclusive license isn't the reason against parallel import of the third party.The last chapter is the conclusion. TRIPS forbid making use of their provision to address the issue of the exhaustion of intellectual property rights. But the parallel import trademark rights can be adjusted according to the provisions of object and principle. During disputing parallel import of trademark rights, the principle provision of unfair competition law is available. The proper decision is made through balancing the profits of all parts. Those discussed in this chapter signify the parallel import appeared in other kinds of intellectual property rights.