Parallel Imports Of Trademarked Products Regulation Law

Trademark products parallel imports are always the intellectual property rights and the international trade field hot and difficult problem in international has the big controversy. The United States, Japan, the European Union and other developed countries and regions of the problem more in-depth research, and make corresponding legal system. At present our country trademark law and its implementing regulations of parallel imports of such laws and regulations are not be explicitly stipulated, our country in the existence of the legal blank. In the judicial practice, our country appear some trademark products parallel imports case, with China’s opening up the deepening and the development of foreign trade, more and more of the trademark products parallel imports dispute also will appear and theory for this problem of legal regulation also form a consensus of opinion. Therefore, how to trademark products parallel imports for legal regulation has become a theory and practice for a problem to be solved.This paper, from the Michelin imported case talking about, in the case of the trial of the case and case introduces briefly, then draw out the our country’s existing legal framework for trademark products parallel imports the lack of law in our country and in theory of existing dispute. In the trademark products of parallel import the rule of law, this paper, from the trademark products of parallel import connotation and its cause of formation brand products introduced the general situation of the parallel imports, and put forward to solve the case contact case of the existence of the disputed points, from trademark confusion standards, the desalination standards and3C of the influence of the case that that concluded that our country’s relative lack of legal system. In the trademark products of parallel import the aspect of theory, this paper introduces the principle of exhaustion and regional right principle of the traditional theory, analyzing the existing deficiency, put forward the solution after brand products of parallel import new ideas, from tort law, competition law and related facts policy considerations. In the final section of the article, the author introduces the international organization and the European Union, the United States, Japan and other countries and regions of parallel import products to trademark law, then analyzes the relevant judicial practice in our country, suggested that our trademark products in parallel import legal regulation should be established for the principle, is forbidden to allow for the exception principle, and puts forward some Suggestions.