Research On The Exhaustion Of Trademark Rights In Parallel Importation

In many system of the trademark law, the trademark rights exhaustion system is one of the most important system. To some extent, it is related to the balance of interests between the social public and the trademark owner. Many of the world’s developed countries such as Japan, the European Union, and the United States have very clear rules of trademark rights of exhaustion system. Among them, even if different countries and regions on the effectiveness of the trademark rights exhaustion may be taken in different range and diversity of policies and regulations, but the importance of trademark right exhaustion system in the position in national trademark legislation still is very important. Throughout the current trademark law in our country, compared with the developed countries such as Europe and the United States, the exhaustion of trademark in China is blank. Along with the rapid development of world economy and trade liberalization since the area to speed up the pace, as a gradual growth of emerging economies, the Angle of the trademarks and other laws and regulations and other affiliated package of applicable scope of the legal system still need to be addressed with clear. Only in this way can they better balance the trademark rights conflict of interest between people and society, as well as better regulate parallel import of trademark goods. These are the purpose and meaning of studying this topic. This article can be divided into four parts:The first part was about the fundamental theory of the exhaustion of the trademark right and parallel importation.The second part mainly discussed the rationality and necessity of the exhaustion of the trademark right.The third part analyzed the legal regulation of the main countries. (such as America, Europe, and Japan)The fourth part was about how to build the system of trademark right of exhaustion.