Trademark Product Of Parallel Imports Of Competition Law Analysis

After joining WTO, with the domestic market unlocking progressively, we can not avoided the problem to the parallel import of trade mark in China. It is the result of conflict between trade liberalization and intellectual property protection. Since the function of the competition law in balancing trade liberalization and intellectual property protection, the parallel import of trade mark is analyzed in terms of competition law.The text is divided into four parts. The first part is about the definition of parallel import, what its influence, its characteristic and its form of expression are. The profound reason is described in detail. Since the trade safe-guarding is restricted by WTO laws, it is a better way by making a rule to the parallel import of trade mark.In the second part, since the close relation among competition law and trade policy and intellectual property rule, the possibility is proved and analyzed to settle the parallel import of trade mark in terms of competition law. And then a conclusion is drawn: the parallel import of trade mark should be neither forbidden nor affirmed wholly, the agent's interests and competition order should be considered conditionally. In the third part, there is a comparison to legislation and practice about parallel import among the relevant international organizations and countries. It is not forbidden or supported definitely, the balance should be embodied between individual interests and social whole interests.In the forth part, a concrete analysis is made in the parallel import of trade mark in term of maintaining fair competing and promoting free competition. There may be such illegitimate competition behaviors as hitchhiking, selling in low price, unreal label, which will interrupt the fair order of market competition. Besides, the obligee of trade mark may against competition through use of trade mark. The importer may also limit the market competition by selling products at a low price. Those may cause twisting or limitation to the free competition. In order to promote the market free competition, it should be also stipulated in terms of anti-monopoly law.