The Introduction Of Parallel Imports And Restrict Patent Rights

China began to allow the patent parallel import from2008, which set off a new round of discussions in the theory circle. The patent parallel import legal or not, the Trips agreement choose to avoid, to the national discretion, the introduction of parallel import right coexistence of advantages and disadvantages, protecting the parallel importer rights, but damaged the interests of the patentee.11the provisions of the patent law of our country right about import and the provisions of the69parallel import rights belong to different subjects of interest, and the conflict of interest between the different body is the root of all problems; parallel import diversity types and intensifies the import right and right conflicts between the parallel import. Therefore, the starting point of this paper is to solve the present stage of our country faces legal patent parallel imports hurt the interests of the patentee, problems, and the writing ideas from patent import right and parallel imports in relation to the right to view, theory foundation of parallel import of patent right, analysis of the developed countries forbid parallel import right into the reason and the developing countries to permit parallel import is introduced based on the right. By linking theory with practice, the legal and law closely, legislative intent of legislators and China current economic situation, the parallel import right in our country should be limited in allowing the introduction of. So, taking the right limit theory as a clue, the anti unfair competition law, antitrust law, foreign trade law comprehensive means of the patent law of our country, to reconcile the contradiction import right and parallel imports right, but because the boundaries between private interests and public interests have been difficult to define, the conflict between the the law is difficult to directly resolve import right and parallel imports right involves different subjects of interests, but at present China’s rapid economic development and the national per capita income distribution was unbalanced current, parallel import restrictions only right compromise choice, the choice is to protect the public interest, and to a certain extent, promoted to patent protection, this method is to solve the right to import measures of parallel imports and the right most effective. So, this writing context is to make parallel import restrictions on the right to development, be in limited.