Trademark Exhaustion Of Rights

Exhaustion of trademark rights is an important system in trademark law. Even so commonplace, but the system of exhaustion of trademark rights is the indispensable machinery to balance the interests of law * in market economy and the law system to resolve the conf 1 iction between trademark right and jus ad rem that hinder the free circulation of goods. Intertwined with parallel import in international trade, the problem of exhaustion of trademark rights become a theoretical foundation to resolve the parallel import for a country. This system includes fundamental theory concerning as the characteristic, object and aims of the trademark rights. But now the exhaustion of trademark rights isn't issued in law and after china's entry into WTO, the cases related to parallel import increased so much that to regulate the parallel import by law is demanded fiercely. So that to make a reach into the exhaustion of trademarks rights holds a very important value of theory and practice. This thesis is divided into four parties:Part one In the view of the transition of the system of intellectual property, We date from the history of the exhaustion of intellectual property . This recall is from two dimensions: (a) from the historical events of legislation of the intellectual property to examine the forming procedure of the intellectual property. The forming of intellectual property means a barrier to trades freedom. Exhaustion of rights developed with history. We probe into the origin of thinking in which the system of intellectual property and its exhaustion of rights shaped from the history of western law thinking. It is the concept of sacred property mentality of natural law school's that put the system of intellectual property into shape. With the rising of sociological school of law, the concept of sociality-oriented priority produced the exhaustion of intellectual property.Part two In this party, we'll give a comprehensive multiple view-point analysis to the exhaustion of trademark rights. At first, We'll analysis the possibility of the exhaustion of trademark rights in comparison with jus ad rem. The natural characteristic and internal attribution of trademark and trademark rights decide that the exhaustion of rights is on trademark rights but not on jus ad rem, we'll give a further analysis that the exhaustion of trademark rights is on only some subordinate rights but not on the whole trademark rights. Secondly, we'll discuss what kinds of subordinate rights are used up in trademark rights. By questioning the paradoxical definition proposed by the researchers and anal sizing every subordinate right among the trademark rights, we draw a conclusion of the exhaustion of trademark rights, and illustrate the exhaustion of trademark rights of the suitable for use and exception situation. Finally, three kinds of theories of the exhaustion of trademark rights are introduced.Part three This part interprets the systems related to the exhaustion of trademark rights. In the view of intellectual property law, we will compare the exhaustion of trademark rights with the exhaustion of copyrights and the exhaustion of patents. In the view of trademark law, we compare the exhaustion of trademark rights with the fair use and the parallel use of the restrict ion of trademark rights. At last, we still discuss the contract law to adjust the exhaustion of trademark rights.Part four To discuss the exhaustion trademark rights must involve discussion of parallel import in world trade which is intertwined with each other. Therefore, it is necessary for us to investigate the exhaustion of trademark rights from the static and the development. This research is made from two points: (a) From three static models which originate from the effect of the space trademark rights, such as, national exhaustion, regional exhaustion and international exhaustion are modelized. The different kinds of the exhaustion of trademark rights will decide whether parallel import of trademarkcommodity is legal, (b) From the judicial practice of the U.S.A and EU in...