The Patented Product Is The Issue Of Parallel Importation Study

Parallel Importation started in the middle period of the 19th century. It appeared following the free trade and economic process of integration. 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 Imports is that someone imports some patented product protected in the two countries, and the importation is free from these countries law and contracts among right owner.The question importing parallelly about the intellectual property right products, relevant with 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. In this thesis, the author put forward a new principle—the principle of public benefit and try to demonstrate it.The content includes five parts: The First confirms the parallel meaning imported of the patented product, and define its characteristic ; The second analyses reasons of imported produced parallelly. The author considers the reasons can be classed two aspects: on law and on economy. The third introduces two mainly theories which often be used to resolve the question of imported produced parallelly. The author 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 ,and brings forward a new principle —the principle of public benefits and try to demonstrate it; The fourth introduces U.S.A, Europe Union , Japan, and Indian about the parallel legislative situation imported of the patented product first, come through some cases concrete to prove mostly countries these about patented product parallel...