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Analysis Of The Legal Problems Of Parallel Importation Of Patented Products

Posted on:2014-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:X X MaFull Text:PDF
GTID:2246330398969091Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
All human activities are based on economics and basically in order to obtain economic benefits. Due to the different levels of economic development and the purchasing power of different countries or different areas, the prices of the labor and raw material are different. The patentees often choose to pass on these costs to consumers, resulting in the differences of the prices of the same product in different regions, which leads to the parallel imports of the patent products. Because the gray dealer’s cost is low and the global free trade liberalization is intensified, the parallel importation of patented products become more and more common.With the acceleration of the integration process of economic development in the world, the parallel imports of products will involve the protection of patent rights issues, however, the basic attributes of patent right and the purpose of international trade conflict, so the problem that whether the parallel importation of goods on patent rights is legitimate causes a very big controversy. Exhaustion issues related to patent rights are acted very differently by legislation and judicial departments around the world and theorists concentrate on exploring it for many years. Exhaustion of patent rights in Article6of the TRIPS agreement can be settled by own country in accordance with their domestic law. so that all countries have their own characteristics in the judicial practice on parallel imports and can’t be unified.China’s new patent law allows parallel importation of patented products, which both has advantages and disadvantages. We should analyze the pros and cons, and provide recommendation to protect and reconcile the interests of all parties in reference to the basis of foreign advanced legislation. This paper is divided into four parts:First, introduce the concepts, features, manifestations, and causes of parallel importation of patented products.Secondly, it proposes the bases and conflicts of patented parallel import:Thirdly, analyze the provisions and judicial practices of imports of parallel patented products in developed countries;Finally, interpret the status quo of our parallel importation of patented products and provide corresponding measures for the protection of the interests of many parties. It uses normative analysis, comparative analysis, case studies and other research methods to study the legal issues of parallel imports of patented products and provide the corresponding measures from many aspects, so that the social interests of all parties are reconciled.
Keywords/Search Tags:parallel imports of patent products, the principle of exhaustion ofrights, the balance of interests, protection countermeasures
PDF Full Text Request
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