Patent Parallel Import Products In International Trade And Deal With Legal Issues Research In China

Parallel import of patent products is a trade problem in goods. Without the territory the rightful owners, the businessman put the goods that the patentee invested in overseas market into the territory of the country. Different countries present different opinions on this issue. There are two opinions about the problem:permitted or prohibited. Permitting parallel imports parallel importer and consumers can get certain benefits, but will damage the interests of the right-holders; prohibition of parallel imports are likely to lead to the emergence of monopoly rights, and impact for commodity trade.There are two reasons for the different provisions. For the patent technique more powerful countries, forbidding parallel imports can protect the rights of the interests righter, thus contributing to the local economy; but for the less developed countries, permitting parallel imports can not only make their consumers get greater benefits, to promote the development of native economy, but also promote economic and technological promotion. Prohibition of parallel import countries is right domestic exhaustion doctrine, which allows countries to take right international exhaustion doctrine, to these two kinds theories derived from the principle of implied license.Chinese current patent law is revised in2008, and implemented in2009.The existing patent law make our country to apply right international exhaustion doctrine, permitting parallel import. It is accordance for our actual national condition, but a door opened too much.Therefore, I suggest that China will be more neutral implied in license principle. Implied license principle is to allow parallel import behavior existence as premise, that can use the form of the contract on the parallel imports conduct restrictions, if no restrictions as to allow parallel importation. The judge can decide whether there is implied license, and can guarantee the interests of the state better.