Trademarks Of On Parallel Imports

Many Multinational Corporations allocate different stages of production, such as design, manufacture, sales and management to different countries or districts in the world, with the trend of Economic Globalization. Therefore, a kind of commodity may produce in different countries or districts as well as sell in other countries or districts. Because of the territorial of intellectual property, the requirements of economic globalization may conflict with the international protection of intellectual property, especially reflected in the issue of protection of the right over trademark in parallel importation. All countries, developed or developing countries, are seeking for measures to solve those problems. A few economic bodies are carrying out useful practices. The parallel import of the trademark rights has been the hot topic in the field of intellectual property right. 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 with it themselves. China was regarded as a lower price market as well as there was little chance of happening parallel import transactions, generally, however, higher price and lower price are called relatively. Although China's consumer capability stays a low lever, there are some higher price fields such as healthy goods, automobiles, cosmetics, etc. At the same time, due to the stable policy of "non-depreciation", the current common understanding of Chinese Market will change in the future. So, China can't make the choice of "Yes"or "No"simply. This thesis is focused on the issue of trademark in parallel importation, which is divided into four parts. Part one brings out the issues of the trademark in parallel importation, mainly focusing on the definition of its characteristics, the origins and types of parallel importation, and analyses the cause of formation and effect of trademark parallel import with the view of economics. The trademark is not only a legal issue, but also a economics issue. This chapter analyses the issue of protection of trademark holder and the effect of trademark parallel import on trademark holder. Chapter Two studies exhaustion of rights theory and the principle of Intellectual Property territoriality as well as the conflict between private rights and public interest. This chapter holds the exhaustion of rights only has effectiveness in internal country, and it can't solve the issue of parallel import. The principle of territoriality excludes parallel imports, so it can't solve the issue of parallel imports. These two theories was just a kind of tool to seek interests, so it is not appropriate to be used in solving the parallel imports. We can't obtain the answer of implementation or prohibition of parallel deriving from jurisprudence theory. Parallel imports connects with a countries economic policy closely, so we are supposed to understand the trademark parallel imports, focusing on the every country or district's legal policy and harmonize the conflict of the benefits between Intellectual Property holder and the public. Chapter Three analyses the trademark parallel imports through the relevant cases and states the legislation and judicial practice of U.S., Europe and Japan regarding to trademark parallel imports issue, which has a very important guide in our legislation and judicial practice. Chapter Four states Chinese legislation and judicial practice of trademark parallel imports, and holds that China has no legal provision on trademark parallel imports. This chapter introduces two different cases, however, the different understanding of trademark results in the different awards. The thinks and legislation recommendations are put forward. The special institutions are supposed to be established, which decide whether such imports and exports transaction constitute parallel imports. The People Court shall decide according to this kind of institutes'decision.