Trademark Products Of Parallel Imports Legal Regulation

Parallel import is not only an issue in the field of intellectual property, it also involves the matters about international trade and free competition. The legal disputes arise from the parallel import of trademark goods not only tell us whether the conducts infringe the right of trademark, but also manifest whether it constitutes unfair competition and infringes the rights and interests of consumers. Therefore, the discussion and research of the legal problems on parallel import shall be done not only from the angle of Intellectual Property, but also from the angles such as the protection of the rights and interests of consumers, the law on anti-unfair competition, the rules on international trade and etc, so that we can put forward more scientific and reasonable legal resolution. This thesis undertakes an extensive study on the issue of parallel import. The thesis is composed of preface, straight matter and conclusion. The straight matter includes 5 parts. Part 1 mainly defines the concept, characters, and patterns of parallel import of trademark goods. Part 2 sets forth the causes and influences of parallel import of trademark goods in deep-seated angle. Part 3 undertakes nomological analysis to parallel import of trademark goods. Part 4 inspects the attitude view of international treaty, America, the Europe Union and Japan over the parallel import of the trademark goods. Part 5 firstly reviews the present PRC laws of parallel import of trademark goods, and puts forward legal suggestions on problems arising from the parallel import of trademark goods.