Study Of Patent Parallel Imports Legal System

Patent parallel importation means in two regions that have independent patent protection systems, importers who are not permitted by patentee purchase the patent products that were produced or manufactured by patentee or patent licenser and import them to the importing region when the products have been protected by the law of the importing region. Patent parallel importation is an issue rising with the development of IP international protection and international trade. Patent parallel importation not only directly relates with inventor's right and interests, but also relates with the technical innovation and economy development of the entire society. The parties'interests concerned in it are difficult to conciliate.So the study on patent parallel importation is extremely significant both in theory and practice. Exhaustion of right, import right, implied license are the most important theories in the problem of patent parallel importation. In practice, because the interest confliction in patent parallel importation is very intense, especially the confliction between developed and developing countries, the international community does not reach an agreement to legally regulating patent parallel importation. There is no provision regulating parallel importation among all the international conventions, including TRIPS, which keeps silent to this issue and remains it as a domestic issue of member state. At present, U.S., EU, Japan and other countries have adopted different legal regulation pattern on the problem of patent parallel importation according to their different conditions.Before 2008, China has no rules in patent parallel importation. The problem of patent parallel importation is not very conspicuous in our country. However,after china joining the WTO, its trade around the world expanding rapidly. With the tariff levels declining and the non-tariff barriers reducing, there will be more patent parallel importation. Therefore, China established the principle of international exhaustion of patent right in the third revision of "Patent Law", which means in China, patent parallel importation is lawful. This regulation is in line with our national conditions, can protect the interests of Chinese enterprises and consumers, and can promote the development of trade. However, because of the complexity of patent parallel importation, there will appear more complex cases in the implementation of the new "Patent Law". International exhaustion of patent right is not enough to solve all the problems. China need to refine the relevant rules, improve patent parallel importation systems to regulate patent parallel importation in China, which can make patent parallel imports play a positive role in economy. China should refine the protection system for the patentee and the consumer; clear the effect of geographical restrictions in the sales contract.Over all, this paper focuses on legislation of Chinese patent parallel importation, and puts forward proposals to further improve on the base of analyzing the concept, causes and complex interests of patent parallel importation and the related theory and practice.