Legal Regulation On The Parallel Importation Of Patent

With the development of intellectual property and the globalization of trade, the issue of parallel importation of patent is becoming increasingly prominent. It has become an extremely complex issues related to patent in the area of international trade, and it is not only related to protection of patentee,parallel importer and consumer, but also related to the relationship of the developing and developed countries. The complex relationship of interests makes the parallel importation of patent one of the most controversial issues in the field of intellectual property. In the theory, exhaustion of right, import right, implied license are the most important theories in the problem of patent parallel importation. In practice, because the interest confliction in patent parallel importation is very intense, the international community does not reach an agreement to legally regulating patent parallel importation.Before 2008, China has no rules in patent parallel importation. However, with more and more patent parallel importation, China established the principle of international exhaustion of patent right in the third revision of "Patent Law", which means patent parallel importation is lawful in our country. However, because of the more complex cases in the patent parallel importation, international exhaustion of patent right is not enough to solve all the problems. Therefore, in levels of relevant legislation, enforcement system and the mode of jurisdiction, the principle of international exhaustion of patent right should be further improved. The article has five parts.The first part is the prolegomenon, in which the background, significance and the status quo, research methods and research ideas, etc.The second part is the analysis of the concept, types and causes of parallel import of patent, the conflicts of interest, and the related legal basis.The third part studied the advanced experience of foreign countries about patent parallel import, and explore that how to import the successful experience into China.The fourth part focuses on legislation of Chinese patent parallel importation, and points out the problems and their causes.The last part puts forward proposals to further improve the patent parallel importation. China need to refine the relevant rules, improve patent parallel importation systems to regulate patent parallel importation, which can make patent parallel imports play a positive role in economy.