Research On Legal Regulation Of Parallel Import Of Trademark

Along with the development of economic globalization,the issues of parallel import is increasingly serious.The conflict between the property right and the trademark right on the trademark goods,to protect the consumers or the trademark holders is the key to the Trademark Parallel Import issues.The trademark parallel import policy adopted by a country is the stage reaction of a country's economic development.At the present stage,China should adopt the principle of allowing parallel import of trademark.At present,it is mainly based on the relativity of the contract,the law does not prohibit the free,trademark law and other basic legal theory to solve the problem of parallel imports.This obviously can not meet the test of complex practice.Based on the principle of parallel import of trademark,this paper brings in some opinions and suggestions to solve some problems in practice.This article is divided into four chapters besides the introduction.The first chapter focuses on discussing the principle of exhaustion of trademark rights related to the parallel import of trademark,the theory of remuneration,implied license,the principle of balance of interests,and the protection of Trademark Law.The function of trademark protection is to distinguish the source of goods and the function of protecting the reputation of products.This is the standard to judge whether the infringement or not.The second chapter refers to the attitude of Japan and the United States on the issue of parallel import of trademark.Parallel import of trademark is not only a legal issue,but also an economic issue.Need to balance the interests of consumers and the interests of trademark owners.In the protection of the interests of consumers,under the premise to prevent monopoly,parallel import support is an important choice.But in the protection of the interests of consumers at the same time,taking into account the interests of trademark rights is also very important.The substantial exception principle,independent goodwill principle was put forward on this basis.If the parallel importers provides the genuine goods that couldn't provides the same quality or services at the same time,without fulfilling the obligation to meet the consumer's right to know,this behavior would confuse consumers,damaging the trademark to distinguish the source of goods.The principle of independent goodwill is based on the principle of balance of interests.the parallel importation should not be allowed without prompting consumers on the basis of measuring the independent goodwill witch domestic holders have built.In the third chapter,on the basis of the analysis of the parallel import of trademark in our country,summarize the legal principle of the judicial practice in our country,and analyzes the deficiencies.Several outstanding problems:the parallel import of trademark goods repackaging should be banned or not,the legality of parallel import of trademark goods in circulation,the protection problems of domestic trademark owner's expectation for the expected benefits of the special packaging and so on.The fourth chapter:the Trademark Law of our country does not have the explicit stipulation to the trademark parallel import question,cannot instruct the practice well.On the basis of national judicial and legislative practice,I think China should adhere not to prohibit the parallel import of trademark,also distinguishing between independent goodwill,substantial differences,parallel imports of goods in circulation is not legitimate.