Trademark Product Is The Issue Of Parallel Importation Study

Recently, the parallel import of the trademark goods has been the hot and difficult issue increasingly among scholars of law and international trade. The professors greatly disagree on it and the rules are also different in different countries. Even Trips agreement failed to get consensus in this point. The countries must decide how to solve it by themselves. Hie paper intended to clarify the faults and find the key of the parallel import of the trademark goods.Introduction preface expounds theoretical and practical significance of surveying the parallel import of the trademark goods, on the basis of which, the author the author puts forward the path and the object of the survey.Body text is divided into three parts:The first part, at first, defines the concept of the parallel import of the trademark goods. Moreover, the theories of region and exhaustion of property right are discussed. The theories of region and exhaustion of property right are the two traditional theoretical bases of the parallel import of the trademark goods. The work of observing the two theories arises, which is original from the conflict of the two. On the basis of analysis, the author points out that the theory of region and exhaustion of property right could not be the foundation of the parallel import of the trademark goods while being the tool of different interest groups.The second part inspects the attitude view of America, the Europe Union and Japan over the parallel import of the trademark goods. The legislations and practices of the countries that are above mentioned indicate the parallel import of the trademark goods is not absolutely allowed as well as forbid. The factors, which should be considered about the legislations and practices, could be summarized as followed: goodwill, police of international trade for establishing united market, the relationship between foreign and domestic owner of trademark right.In the third part, the author put forward the solution of the issue of the parallel import of the trademark goods, which relies on the analysis of the theory and practice. The rule of the parallel import of the trademark goodscould be summarized as distinguished regarding. The author believes that the solution path of the issue of the parallel import is corresponding with the orbit of the legislation object of trademark law. The theory of trademark function and competition should be the key of the issue of the parallel import of the trademark goods.The part of conclusion, the author reaffirms the opinions that are mentioned above. In addition, the author point out that theory of law is not the complete answer for the solution of the parallel import of the trademark goods, because the theory of law may be used of the tools of policy.