Font Size: a A A

Issue Of Parallel Importation Of Patented Products

Posted on:2006-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y F HanFull Text:PDF
GTID:2206360152981015Subject:Law
Abstract/Summary:PDF Full Text Request
For intellectual property rights have some same aspects involving parallel importing, so, first, we introduce their common definition, forms and causes. By means of this statement, we prove that parallel importing of patent products is unavoidable in the present.Then we analyze basic theories about parallel importing of patent products. When analyzing theories, we refer to some views and practices of the important countries, pointing out why they act correspondingly.For parallel importing of patent products involve technology, economic and trade of the countries, adopting different attitude and practice will lead to different effects on the country's progress. So this problem is not solved only by analysis of basic theory. Therefore, this paper confirms our conditions, what effects this problem may cause on our country and multination corporations, and what is the trend of international trade. This paper pays more attention to the analysis of judicial practice, with hope that it brings some help to legal practice. This paper analyzes the application of competition law and contract law on this issue. It reasons the joint of competition law, contract law and patent law, offering corresponding advices. Finally, this paper supplies our legal advices of this issue, the attitude and how to carry it out based on the present legal form, giving some suggestions about legislation of competition law on this point. At the same time, this paper puts forward the plan how to harmonize with the other countries. This paper thinks that only law is insufficient, an effective court system is necessary. It brings forward blue print of the patent court or IP court, which will give good institutional protection.
Keywords/Search Tags:Importation
PDF Full Text Request
Related items