Research Into Legislative Restriction Of Parallel Import Of Trademark Goods

According to the types of intellectual property, parallel importation can beclassified into the trademarks field, the patent field and the copyright field. Thisarticle focuses on the trademark field. Parallel importation of trademark goods occursin such condition that an unauthorized importer purchases the goods abroad andimports them for resale in the importing country without the permission of the ownerof trademark right. Parallel importation of trademark goods is a comprehensive issuewhich affects both intellectual property and international trade. This makes it complexto determine its legal status. In the meanwhile, there is no specific legal provisions inChina to regulate parallel importation of trademark goods, which makes it difficult forthe court to decide the judgment of the cases such as case “LUX”, case “AN’GE”,case “MICHELIN” and the latest case “Victoria’s Secret”. The judgment of the casesvaries because of the lack of provision, which makes the people hard to predict fortheir behavior. At the same time, with the globalization of the world economy, it’smore and more urgent for the legislation of parallel importation of trademark goods. Itsatisfies both theoretical and practical requirements to do research about this issue.This article analyzes the basic concept of parallel importation of trademarkgoods, and discusses about different theories and interest relationship and conflict inthis field, such as territorial exhaustion and international exhaustion, trade liberalization and trade protection. Based on the practice and circumstances of China,the author puts forward the principle that parallel import of trademark goods shouldbe permitted with some reasonable restrictions.This article constitutes three chapters. The first chapter is about the basicconcept, feature and cause of occurrence of parallel import of trademark goods. Thischapter also compares the differences between parallel import of trademark goods andgray market. This chapter also researches about the interest conflict between principleof territoriality and principle of international exhaustion.The second chapter elaborates the legislation and judicial practices in thedeveloped countries and regions such as EU, US and Japan. The attitudes of thesecountries and regions on parallel import of trademark goods are changing anddeveloping with the occurrence of different cases as well as their internal needs ofinterests. This could provide valuable experience for our legislation of parallel importof trademark goods.The third chapter is mainly about the recent cases on parallel imports oftrademark goods in China. The judicial practices in this field are rather confusing forthe lack of provisions. Meanwhile, this chapter discusses the direction and possibilityof establishing the laws and regulations in China regarding parallel import oftrademark goods. The author proposes that China should permit the parallel import oftrademark goods with some restriction, and gives some legislative advice on the saidprinciple.