Trademark Product Of Parallel Importation-related Legal Issues,

Parallel import of trademark products concerns intellectual property and internatinal trade.In what way it should be regulated is one of the hotpoints internatinal law circles are exploring currently.It means that import merchants import products overseas of the same kind with the same brand which are produced with legal authorization without the consent of the local owner of trademark right. Though appearing recently in china,it represents more and more trends.However,effective law regulation about it is lacked in our country .Specific rules haven't been formed in judicial practice .And agreement hasn't been able to reached for there are many disputes and huge differences in views.Faced with urgent demand to solve this problem,this article explores legislation and judicial precedent of foreign countries in detail and futher analyze traditional theories and tries to find our law regulations to solve it at present.This article is divided into four parts.The 1st part:Concept analysis is given firstly.Parallel import of intellectual properties are introduced and the concept and basic characteristics and performing form in practice of it are gradually detailedly defined and the causes in law and economics ,too.And then differences on Parallel import in patents and copyrights and on protections about parallel import of trademark products of different countries and causes behind them.The 2nd part:Major theories concerning how to solve this problem are introduced, and the confusions in these theories are analyzed.The 3rd part:Regulations of international coventions about it are introduced.At the same time ,different legislation and judicial practice of some major developed countries and new-rising countries on intellectual properties are compared and analyzed.The last part:Combined with comparative studies of other countries and exploration about our legislation and judical practice on this problem and products of the academic community and our national conditions,proper principles under which and specific measures we should adopt are issued ,that is ,we should shelve it temporarily on legislation and learn sufficiently about various technical rules on justice,and then finally solve it in a more reasonalbe way.