The Patented Product Is The Issue Of Parallel Importation Study

Parallel importation of patented products are a trade-related intellectual property rights, Intellectual property as a theoretical basis for the regional principle, has become a powerful weapon to the prohibition of parallel importation of patented products. But with the international economic and trade development。And people on the parallel importation of in-depth understanding of this phenomenon, Parallel importation of patented products has gradually been the legitimacy of many countries and regions affirmed, With the process of global economic integration and China's accession to the WTO, the phenomenon of parallel importation of patented products in China's import and export trade will become more frequent, and this will highlight the legal issues before us。In the world of legislation and judicial practice, different countries, parallel importation of patented products using a different approach. Some countries have taken to allow parallel importation of patented products approach, such as the representative of the German EU countries; some countries to prohibit parallel importation of patented product attitudes, such as Belgium, Italy; and some countries of the parallel importation of patented products for the attitude strictly prohibited from the first to start gradually relaxed, such as the United States and the United Kingdom and Australia.Whether to allow parallel importation of patented products the focus of the controversy lies in the importing country (region) of the legislation is the use of "international exhaustion of rights" or "regional exhaustion of rights." These two principles of intellectual property law, international trade in patented products produced during the application of conflict on the importing country's legislators made a choice dilemma.Our current patent law for the parallel importation of patented products is not clearly defined, in China's accession to the WTO Trips agreement, which has taken a rather ambiguous attitude. Our legislature and judiciary should be attached to the parallel importation of patented products speed up the legislation, so that our laws keep up with the pace of social and economic development.In this paper, property law, antitrust and competition law perspective, the parallel importation of patented products conducted in-depth analysis. The article is divided into five parts, the first part of what is to conduct parallel importation of patented products described; the second part, in-depth analysis of the theory of parallel importation of patented products support; the third part, combined with the legal provisions of States, of patented products Parallel imports of comparative law study; fourth part is a patent product in China parallel imports legal analysis; fifth part, on the parallel importation of patented products in China put forward legislative proposals.