Research On The Legal Issues Of Parallel Import Of Trademark

Trademark parallel import is to point to in international trade, importers without import to trademark rights people (including the rights of trademark owners and trademark) authorization or permission, imported from abroad with the same trademark behavior of similar goods to the importer. Trademark protection is in return for knowledge innovation, is a monopoly form in the market, with free competition and free trade between absolute reservations. Open-minded for trademark parallel imports means that broke the monopoly of the national government in the protection for rights and maximizes the free market economy, encourage genuine free competition in the market, consumers are increased consumer choice, reduce consumer spending, improve the quality of products and services, and advocated the trademark parallel import is legal. On the other hand, if the interests of intellectual property to provide adequate protection is undoubtedly support for knowledge innovation, intellectual property, trademark holder for trademark parallel import, trademark infringement, impact on the interests of obligee and agents, trademark parallel import should be banned.Trademark parallel import question has always been a hot and difficult problem in the field of intellectual property rights and international trade, there is a big controversy in the world. Load by parallel imports of trademark on goods sold, even trademark is complete after sales again? An exhausted, geographically trademark is within a country or within the scope of the international exhaustion,and even within the scope of how much the Angle? Academic debate, until now still no definite conclusion. Trademark parallel import question soon emerged in our country, the general public can’t even understand the concept of trademark parallel imports, at present, China’s trademark law and its implementing regulations and other relevant laws and regulations on parallel import question not be explicitly stipulated, there is the blank of the law. In recent years, the domestic related to trademark parallel import in the field of trademark dispute cases involving into the judicial process mainly has "lux", "AN’ GE brand fashion" and "Michelin tyres. Court ruled according to the different laws, but for the trademark parallel import legal status is still not clear. It is the three typical cases, directly caused the domestic relevant personage attention to the problems of parallel import. With the deepening of opening to the outside world and the continuous development of foreign trade, China will encounter more and more the trademark parallel import events, related law also needs to fill the blank of the problem.This paper is divided into four chapters:The first chapter overview of trademark parallel import. Domestic theoretical circle of trademark parallel imports divided, shall be enumerated in this paper, the representative views, in reference to previous theory at the same time, put forward its own definition. On the basis of the concept analysis of the characteristics of parallel imports of trademark, the trademark parallel import can be summarized as two kinds of forms of expression, the influence of the trademark parallel import and the problem of conflicts of interest is proposed in this paper, after weighing the advantages and disadvantages to indicate the direction of system building in China.The second chapter the trademark parallel import related theoretical basis, the principle of exhaustion that trademark parallel import legal, while regional principle in countries banned the use of the trademark parallel import legal sovereignty. The development of the trademark parallel import some reasonable theoretical principles and extremely reasonable, such as principle of trade-offs, against unfair competition, etc.The third chapter introduces treaties and countries around the world on the trademark parallel import question mature attitude and approach. The Paris convention for the principle of regional support and regulation of ACTS of unfair competition and the international status of the TRIPS agreement in the face of all tastes avoidance, the trademark parallel import problem for domestic law to deal with. The trademark parallel imports of the United States and the European Union, the development of legislation and judicial work for China to improve legislation to provide reference and Suggestions.The fourth chapter is the trademark parallel import to China introduces the legislative and judicial status, and the Suggestions are put forward on the trademark parallel import system construction, show the development trend of China on the issue, allowed to trademark parallel imports, at which aspects in the legislation and the perfect.Trademark parallel import question is a involves many complex problems of the legal department, this paper argues that the trademark parallel import is legal, it is China’s economic and social development to a certain extent should hold the attitude, through the discussion of the relevant opinions and views, hope to be helpful to the trademark parallel import problem.