Trend Of Economic Globalization, The Parallel Importation Of Legal Regulation

Parallel import is a difficulty of international trade. It is lacking of a clear legislative requirement to use the traditional "right to the exhaustion of principle" and "territorial principle" to prove the reasonableness of the parallel imports and the legitimacy of the existence congenitally. National legislature and the judiciary practice are rooted in their own interests to consider, instead of simply using the theory. At this stage, the liberalization of international trade development and acceleration of the process of economic globalization needs parallel imports legislative to regulate. As the subject of discussion in this paper, the purpose of the parallel imports of China's legislature is to provide a theoretical basis to make it no longer entangled in "exhaustion of rights principle" and "territorial principle" of the conflict.This paper is divided into three parts.The first part introduces the concept, the characteristics, the causes and conditions, and the types of parallel imports. In the concept, the author introduces parallel imports must contain competition or potential competition, or it will lost its existing theoretical and practical significance. The characteristics of parallel imports, the type of conditions and the reasons for parallel imports are around of the concept to start.The second part analysis the legality of parallel imports, describes the traditional "exhaustion of rights principle" and "territorial principle" on the legality of parallel imports, analysis the parallel imports on the interests of the legal system orientation, discusses charity private interest sand parallel imports, as well as the relationship between the public and private interests, the relationship between the two balance for the next relationship through parallel importation legislation perspective prepared.The third part introduces the economic globalization, intellectual property rights under the parallel import laws, regulations, expound, dialectical exposition of economic globalization and the relationship between parallel imports, as compared narrative of the United States, Japan and the European Union on parallel import laws, regulations, and China in the process of economic globalization in how to conduct parallel import laws, regulations, were discussed. It proposes the development process of economic globalization and China's accession to the WTO, the issue of parallel imports will frequently appeared in China's import and export trade, the dispute will be frequently placed front of us. It should be the protection of consumers, intellectual property rights and China's economic interests of the public and the balance in the relationship between the private interests on the basis of a moment to discard the "exhaustion of rights principle" and "territorial principle" of interference, and improve the relevant legislation.