Research On Parallel Import Of Patented Products

Parallel imports of patented products is referred to the international trade,the unauthorized importer imports and sells the legally patented product to the country where the patent is protected through the legal channels,and it has three characteristics,first one is legal product,the second done is the patent right in the protection period,there is the corresponding patentee,and the third one is the unauthorized importer.Institutional reasons and economic reasons are two big reasons of parallel imports,exhaust of rights,implied license and imports rights are theoretical basis.Paris Convention stipulates the principle of patent independence in Article 4,and some scholars believe that patent should be banned from this.TRIPs Agreement does not stipulate the parallel imports of patent products.The TRIPs Agreement and Public Health stipulate the principal provisions.Through the analysis of the legislation and judicial practice of the United States,EU member states,Japan and India,it is concluded that international exhaustion theory and implied license theory become the main regulatory basis of them,and each country has it’s own features.Based on the comparison and reference of these countries,this paper analyzes the current situation of the legal regulation of parallel imports in China and puts forward the insufficiency of our legal regulation:firstly,Article 12 and 69(1)of the Patent law shall be perfected.Secondly,Contract law needs to be improved.Last one is Competition also needs to be improved.In order to improve the legal regulation of parallel imports in China,the following three measures should be taken:first,except as otherwise provided in this law,the patent product must be based on the freedom of the patentee which also needs to be stipulated in Article 69(1).Second,specifying the rights and obligations of both parties in the Contract law.Third,making the detailed provisions in Anti-unfair competition and Antitrust law for parallel imports of patent products.