Intellectual Property Products In The International Trade Issue Of Parallel Importation Study

With the development of international trade and economic integration, parallel imports is getting more attention in the world. Parallel imports is a sensitive and complicated problem, because it touches on the balancing of many interests between protection of intellectual property rights and free-trade , individual interests and public interests. Now, there is still not uniform solution of this problem, and different attitude to it between different countries. With the appearance of LUX trademark infringement case which is the first case on parallel imports judged by Chinese court, especially the great growth of international trade after China joined the WTO, this problem should be studied on in all conscience.The body of this thesis consists of six chapters.The main content of the first chapter is the basic theory about parallel imports. The concept and characteristics of parallel imports are introduced firstly, and the interests confliction reflected by parallel imports is explained secondly , including the confliction between intellectual property rights and real rights, importing countries and exporting countries, non-tariff barrier and free-trade.The main content of the second chapter is the theorical and economic analysis of parallel imports . The international exhaustion principle is the theorical explanation of permission of parallel imports and the territorial principle is the theorical explaination of forbidden of parallel imports, then the economics reasons of birth and growth of parallel imports are explained in the second chapter, those are multilateral trade system, international licensing agreement, price margin of different markets and multinational corporation system.Two problems are explained in the third chapter. The first is international exhaustion principle does not conflict with territorial characteristic of intellectual property rights. The second is the possible positive and negative effects on the national economy of importing countries.In the forth chapter, by quoting some law articles and leading cases, it shows the different attitude between TRIPS Agreement, the United States, EU, Japan and Singapore, so it...