Intellectual Property Issues In The Parallel Importation Of Study

With the growth of trade among different countries, with the developmentof new technology, parallel import arises from international trade, whichis the problem that we have no chance to encounter in domestic trade. I expectthat this dissertation could make contribution to the lawmaking made by thelegislature to regulate parallel import.Firstly, because there are some misunderstandings about parallel import,I introduce the basic concept and reason of parallel import. Parallel importis different from domestic resale, smuggle, and other similar means. Pricediscrepancy for a same Intellectual Property product motivates the productto be sold and transferred among different countries. In the first Chapter,diagram illustrates three main types of parallel import.Secondly, parallel import involves not only international trade, but alsolaw issue. So I highlight the legal entities involved in parallel import.These entities are entitled to prohibit any party without consent fromimporting products containing Intellectual Property Rights owned by theseentities. Proper policy towards parallel import can balance the interestbetween IP owner and the public. TRIPS also leave the issue of parallel importalone to be decided by country itself. The main theory to resolve parallelimport is the exhaustion of IP right.Thirdly, parallel import has impact on macro and micro economy. Isummarize the policy to treat parallel import towards patent, trademark andcopyright, which are taken by China trade partner countries, such as Europe,Japan, United States. It is helpful and important for Chinese manufacturerto know these policies in international trade.Fourthly, with the open and economic growth of neighbor countries inSouth Asia, there will be more and more parallel import in China. In 1999,the first case about parallel import went into the People's Court. Basingon the analysis of the economic and technologic power of China, I suggestChina legislator should adopt the basic policy of allowing parallel importwith the exception of some special conditions, such as substantial difference,independent reputation.The last chapter states what measures IP right owner may take to protectits own interest, such as balance price among different countries, establishindependent brand fame. On the other hand, importer can take advantage ofIP terms in Treaty of Goods of International Sale to shift the legal riskto exporter.