| Recently,the parallel imports of copyright products are getting more and more in international trade,which have caused widespread controversy both in legal theories and practice.China has not shown its attitude towards this matter and there is no relevant legislation in China as well.In comparison,the European Union has been dealing with the problems caused by parallel imports of copyright products for long,and has founded a fairly sound legislative and judicial system.This paper focuses on the legitimacy,the doctrine of regional exhaustion of copyright and acts of unfair competition in the parallel imports of copyright products in EU through literature method,historical analysis method and case analysis method,so as to provide useful reference for China.The paper is divided into three parts:introduction,body and conclusion.The body part includes five parts.Chapter 1 summarizes the fundamental problems relating to parallel imports of copyright products in EU.This chapter defines parallel imports of copyright products and introduces their characteristics.As a foreshadowing,this chapter makes a brief summary on the legal issues relating to parallel imports of copyright products in EU.Chapter 2 discusses the legitimacy of parallel imports of copyright products in EU.This chapter makes analysis on the controversy in respect of the legitimacy of parallel imports and puts forward the way to solve this dispute,which is judging the legitimacy of parallel imports by legal relation analysis.At the same time,this chapter analyzes the legislation in EU through law and economic analysis method.Chapter 3 is a study on the doctrine of regional exhaustion of copyright in EU.This chapter explains the concept of the doctrine of regional exhaustion of copyright and introduces the reason why it was put forward in EU.On this basis,this chapter further studies the application of this theory,and summarizes the relevant EU legislation.Chapter 4 is about the unfair competition issues relating to the parallel imports of copyright products in EU.This chapter summarizes the unfair competition activities of the parallel importers and authorized dealers through some cases from the Court of Justice of the European Union,and further analyzes the practice of the court to constraint these activities by competition law.Chapter 5 is the revelation of EU legal systems to Chinese legislation.Learning from the experience of EU and taken the national conditions of China into consideration,this chapter puts forward the opinion that China should allow the parallel imports of copyright products and adopt the doctrine of international exhaustion of copyright.In the meanwhile,China should constraint the unfair competition activities through Anti-Unfair Competition Law and Anti-Monopoly Law. |
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