Font Size: a A A

Parallel Imports Of The Patented Product

Posted on:2006-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:R LiFull Text:PDF
GTID:2206360155959182Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Parallel Imports coming from an English Parallel Imports one word, started in the middle period of the 19th century, it appeared following the free trade and economic process of integration. Parallel imports of patented product means with patent right tangible movable property in to adopt objective behavior that move under country that patent right protect to product this two or more to import, it embodies a concentrated reflection of the basic principle of the patent system and the aim of international trade -the conflict that the goods circulate freely.Patented product parallel to is it mean with patent right tangible movable property in to adopt objective behavior that move under country that patent right protect to product this two or more to import, it embodies a concentrated reflection of the basic principle of the patent system and the aim of international trade - the conflict that the goods circulate freely.Importing the question parallelly about the intellectual property right products, relevant international treaties have adopted the fuzzy regulation, give member states an initiative of policies of a free choice. Generally speaking , object to regarding regional principle as the theoretical foundation in the parallel country that imports of patented product, support the parallel country that imports of patented product to regard using up the principle in right as the theory to support.This text uses and sums up the analytical method, analyse and start with from the parallel meaning of the patented product, utilize a large number of instances, carry on the discussion to the question that exist in the research field and judicial practice at present, explain one's own opinion. Propose the rational suggestion in terms of developing country of our country.The content includes four parts: First part Confirm the parallel meaning imported of the patented product, define its characteristic ; Have analysed the patented product and imported the reason produced parallelly. Second part Have investigated U.S.A. , Europe , China about the parallel legislative situation imported of the patented product first , come through a largenumber of case concrete to prove main country these about patented product parallel judicial practice and his change that import, analyse its theory strong point; The third part Is it use up principle about regional principle and right to analyse , define it in solve patented product to be parallel to import the value of the the problem. This text thinks importing the treatment of the problem parallelly and considers these two theories simply of the patented product, can't totally solve importing the problem parallelly of the patented product. The fourth part It is mainly our country in the parallel policy choice of importing the question of the patented product. Import right , parallel relation imported , angle competing for the policy to analyse from the basic function , patent of the patent right, combine the scientific and technological development level of our country and need of foreign trade, should adopt and allow the parallel conclusion imported of the patented product to draw our country conditionally.
Keywords/Search Tags:Parallel
PDF Full Text Request
Related items