Study On Legal Issues Of Parallel Import Of Trademarks

Parallel import of trademarks is refers to a domestic importer, import the same trademark products from another country to their own but without the consent or authorization of the owner of the trademarks. The issue of the parallel import of trademarks is a product of irreconcilable conflict between the liberalization of international trade and intellectual property protection. Parallel import of trademarks is not only involved in the legal protection of intellectual property rights, but also related to the country’s foreign trade regime and the national economic interest. Therefore, study the parallel importation trademarks and learn the practices and ideas of the developed countries to deal with this issue, will not only promote the development of China’s economic and foreign trade, and promote the National Intellectual Property Strategy for the Improvement of the legislative and judicial practice, have important practical significance.This article first introduces some of the basic theoretical issues about the parallel import of trademarks, and pointed out that countries attitude towards the parallel import of trademarks is distinctive, mainly because of the different trade-offs for a variety of theoretical principles and interests conflict. Secondly, through the investigation of the legislative and judicial practice on the European Union, the United States and Japan selected the three different countries and regions, summed up the experience of them treat the issue of parallel import of trademarks legislation. Finally, point out the defects of China’s relevant laws and legislation on the issue of parallel import of trademarks, and learn the relevant legislation and judicial practice of the three countries and regions and our country itself actually put forward the idea of the Perfection of legislation.The text, including four parts:The first part mainly expounds some of the basic theoretical issues of the parallel import of trademarks, the concept of parallel import, characteristics, manifestations and causes, and further analysis of the parallel importation of marks exist a variety of theoretical principles and the interests of the conflict, namely, exhaustion of rights principle and regional principles of conflict; conflict of individual interests with the public interest conflicts and trade liberalism and trade protectionism. The second part mainly study the three selected countries and regions about the trademarks of parallel importation legislation and judicial practice in the inspection, in order to obtain their attitude about the parallel import of trademarks:EU in order to ensure the free movement of goods between countries, parallel import of trademarks within the range of its member states, is not forbidden, but for the goods outside of the EU member states on the issue of parallel import, the EU is absolutely prohibited; in the United States, in principle, without the consent of the U.S. trademark owner, any person shall import with its trademark goods, unless there is common control exception "and the parallel imported goods and domestic goods is not substantial difference; in Japan, the parallel import of trademarks are allowed in principle, however, if sales of parallel import goods impede a registered trademark of the source identification function, or there are substantive differences in product quality assurance of the parallel importation of goods and the owner of the trademark goods in the registered trademarks, trademarks parallel import are prohibited by law.The third part is mainly about China’s current legislation on the parallel import of trademarks and the problems and controversy. In China, due to the lack of regulation the parallel import of trademarks legislation, our courts are often differently and even diametrically opposed judgments about the parallel importation cases of hearing the same kinds of trademarks. Domestic scholars have a big controversy on how to deal with this issue of parallel import of trademarks, and find it is difficult to reach an agreement. This article’s view is that in our country, in principle we should agree the parallel import of trademarks, but for some obvious damage to the interests of the state and consumers the parallel import of trademarks will have to explicitly limit or prohibitFinally, this article based on our national conditions, and learn on the basis of the legislation of developed countries, put forward the China parallel import of trademarks the idea of legislation, the provisions of the terms of the relevant trade mark of parallel import that is not directly in the "Trademark Law", but other single law, such as "Anti-Unfair Competition Law, Regulations on Customs Protection of IPR, the Consumer Protection Act set forth terms and conditions. And made a few suggestions for additional regulation parallel import of trademarks importation provisions in which: Trademark parallel import should be allowed in principle, but in parallel for those trademarks that may undermine domestic industry to the detriment of consumers, or the destruction of domestic goodwill of the trademark owner the behavior of import should be prohibited, and specifically the provisions of the civil liability and administrative responsibility of the parallel importers.