Research On Legal Issues Of Trademark Parallel Import In E–Commerce

With China's accession to the World Trade Organization more than a decade,tariffs gradually reduced,many manufacturers in the domestic and international profits of the price difference driven by China's legislative loopholes to seize the parallel import trade.More and more parallel import trade disputes have aroused the attention of scholars at home and abroad,but out of the consideration of their own interests,many of the theory of view did not form a unified solution to parallel imports,coupled with the vigorous development of the Internet,e-commerce the growing prosperity,no doubt to solve the problem of parallel imports has brought new difficulties.The development of e-commerce has brought more parallel import problems,especially in the protection of trademark rights caused a huge conflict.The insertion of e-commerce,as touched by the dominoes,caused a lot of chain reaction,itself dealing with the parallel import of trademarks on the issue of the world's legal system,but also face new challenges.How to control trademark infringement becomes a new topic of focus in the new mode of trademark parallel importation caused by e-commerce.At the same time,because of the particularity of the Internet,the trade of e-commerce is very different from traditional trade,which in turn leads to a series of Other new issues,network service providers in the parallel import license is infringing? How should consumer rights be protected? Based on this new problem,this paper analyzes the parallel import of trademark in e-commerce on the basis of studying the traditional parallel import problem,and makes a brief analysis of the domestic and foreign related research.This paper is divided into four parts.The first part briefly introduces the concept and theory of e-commerce and parallel importation,and introduces the special legal characteristics of the parallel import of e-commerce trademark.The second part regulates the parallel import laws of international conventions,the United States and the European Union.To compare and analyze the attitudes and legislation of countries to treat parallel import problems,and then give rise to the enlightenment of China's legal regulation.The third part focuses on the legislation of parallel importation of trademark in China's e-commerce,and introduces the existence of parallel import of e-commerce trademark in four aspects: the lack of law,the purchase of domestic sales abroad,the responsibility of network service provider and the protection of consumer rights the legal issues.The fourth part puts forward some personal ideas and suggestions for the problems existing in the parallel import of e-commerce trademarks and the legislative practice at home and abroad.