Research On The Legal Issues Of Trademark Parallel Import

With the development of global economic integration, the issue of parallel import in large numbers of trademark is unavoidable problems in the judicial field of our country. Due to the current trademark law in various countries generally do not have the rights of trademark clearly, and the regional characteristics of the trademark rights to the patent right is not so strict, so the issue of parallel import in trademark field is particularly. However, the international and domestic theoretical circles for the trademark parallel import should be permitted or prohibited attitude remained in dispute. Since Chinese accession to the WTO, the cases about the trademark parallel import rise in a straight line, how to solve the trademark parallel import question attract more and more attention, discusses the issue of trademark parallel import to our country’s foreign trade has very important significance.Due to produce compared to domestic same trademark parallel import goods with a certain price advantage, and parallel imports goods compared with domestic products tend to be more competitive advantage. To this, many counties and regions were through property law and other legal restrictions on trademark parallel import problem, constitute the non-tariff trade barriers against the trademark parallel import. And in those countries allow trademark parallel imports, domestic trademark owners signed an agreement by way of trademark parallel import restrictions, a private trade barriers. Due to various countries and regions, to the trademark parallel import attitude is not a result of parallel imports, the regulation of trademark also each are not identical. At present, in the three main theoretical basis of parallel importation of trademark, trademark regional theory, the reputation of the trademark independence theory and trademark right exhaustion theory (including the trademark rights of domestic exhaustion, international exhaustion of trademark rights, trademark rights of regional exhaustion theory).Based on the three theories of comparative analysis of rationality, combined with Chinese current economic development situation and the protection of the interests of the state, society, consumers in China, come to our country for trademark international exhaustion theory conclusion of constraints. The purpose of this paper is to study the whole nation, legal regulation of trademark parallel imports and related theory, analyses the problems, and learn from other countries experience in dealing with trademark parallel importation, solve the choice of legislation of trademark parallel imports and countermeasures put forward some superficial opinions on china.This article is divided into four parts:The first part is the overview about the trademark parallel import. First of all, through the concept of trademark parallel imports, the characteristics and basic types are described, the trademark parallel imports have a simple understanding. The analysis of causes of the problems the trademark parallel import. Among them, various countries, regional trademark commodity price difference is the fundamental cause of the trademark parallel import. The system provides the premise of existence of the franchise for the trademark parallel import. Trademark is one of the basic reasons of strict regional characteristics is the trademark parallel import’s generation.The second part of the legal basis for the analysis of the trademark parallel import in China and why do you want to take the attached conditions of international exhaustion theory the general guidelines, trademark rights rather than regional theory and the theory of trademark rights of exhaustion of trademark rights reasons are analyzed. The current controversy about the trademark parallel import problem there are three main theoretical bases, the regional theory, trade mark or trademark rights exhaustion theory and brand reputation in the independent theory. Against the trademark parallel import view, because the trademark has strict regional and brand reputation be independent, so the trademark parallel import behavior should be banned. Support the trademark parallel import scholars usually exhaustion theory is based on which the trademark. The limit theory of international exhaustion of trademark rights is the condition of the theory of parallel imports relatively rational solving trademark. This part of the trademark of the regional theory, the reputation of the trademark independence theory and trademark right exhaustion theory (including the trademark rights of domestic exhaustion, international exhaustion of trademark rights, trademark rights of regional exhaustion three theory)and conditional trademark international exhaustion theory analysis and detailed study the rationality of each theory, trying to this paper provides the legal basis for the trademark parallel import in China.The third part mainly discusses the related factors in solution before the legislation of trademark parallel imports should be considered. Before the legislative proposals at last, only the first to understand the possible conflicts of interest in trademark parallel imports, to know that our legislation if it allows all possible negative effects of the trademark parallel import, and finally to put forward the countermeasures corresponding to the negative impact of possible.The fourth part is the comparative analysis on foreign related trademark parallel import legislation, mainly analyzes the development the United States, Japan, the European Union to the trademark parallel import attitude. At the end of the parallel import of foreign legislation experiences were summarized, in order to solve the problem of using for reference the trademark parallel import legislation in our country.The fifth part is the priority among priorities in this paper. This part is in the conditional trademark international exhaustion under the guidance of the theory, put forward specific proposals for legislation the issue of parallel import in the regulation of trademark.