Parallel Imports And IPR Protection

Shanghai Municipal Commission of Commerce decided to carry out a free trade zone in Shanghai to launch car parallel import Pilot Project on January 7, 2015. What followed was an extensive discussion on whether the academic parallel importation would violate intellectual property and launched. With the deepening of the world economic integration and trade globalization, the international economic trade between the more and more frequent, trade relations between countries and regions has become increasingly closer. With the steady progress in China’s accession to the WTO and three decades of reform and opening-up process, the number of parallel imports of related intellectual property cases also showing a rising trend, related problems caused widespread concern in society as a whole. In international trade among the parallel import issue relates to two issues: one is related to protection of intellectual property, and the second is for the national strategic plan and the impact of international trade on economic development generated. The reason why there will be parallel imports, can be attributed to two types, one is the huge international trade commodity price difference exists, on the other hand is the business of the economic pursuit of profit. Currently, countries in the world for a series of legal issues related to parallel importation has not reached the same conclusion, there is no legislation in concerted action in the new historical form, it is necessary from a broader and deeper perspective on this issue explore, in-depth comparison and analysis of all the major countries of the world legislative and judicial attitude on this issue, summed up the attitude of States on the issue of changes in the subjective intent and objective laws, to arrive at conclusions and Countermeasures in line with China’s national conditions. In this paper, the author summarizes the preliminary analysis of previous theories and viewpoints obtained, the establishment of Shanghai FTA indicates that China has made it clear legislation in some areas, I hope this paper can cause the discussion to a deeper level of parallel imports, in order to get the Intellectual Property method of parallel imports more definite attitude.