Research On The Legal Issues Of Trademark Parallel Import In China Free Trade Zone

With the rapid development of economic globalization and China's economy,China will usher in more trademark parallel imports.Shanghai FTA began trial parallel import car policy,the intellectual property protection of Free trade goods,not only bears the difficult economic development strategy of the mission,the external aspects of a political pressure and internal have their difficulties in management.FTA trademark issue of parallel importation and Trademark Parallel Import outer zone is no different in nature,because of its own unique FTA policy attributes will to the trademark parallel imports brought more new changes and related work of intellectual property protection is also facing more challenges.Trademark parallel imports is not a simple question of intellectual property law,also involved in the complex relationship between the fields of international trade,trademark parallel import compared with the general behavior of trademark infringement with its significant features.Due to the characteristics of trademark parallel imports,in practice it is difficult to be simply defined as tort.To solve the problem of parallel import of trademark of the key is to keep the balance between trademark protection and free trade,and coordinate the conflict of interests between trademark rights and parallel imports.At present,FTA trademark parallel import cases have occurred,but the lack of law and legislation evasive attitude on the court so that there is no precise legal basis in the trial of related cases.How appraisal trade in the trademark parallel import and formulate corresponding laws and regulations,the problems to be solved in our academic circles and judicial circles.this paper is devoted to discuss the issue of parallel import trade mark under this background.This paper from the legal theory and judicial practice free trade zone two levels trademark issue of parallel importation were analyzed and discussed how to solve the FTA trademark issue of parallel importation,combined with the principles of universality and particularity from the principle of intellectual property rights,from dialectics the angle of thinking.The paper is divided into four parts.The part one is an overview of trademark parallel imports,introduces the concept and characteristics of the Trademark Parallel Import in Free Trade Zone.In the second part(the third chapter)on FTA trademark parallel imports to analyze the current situation and points out the new problems.The third part(the fourth and fifth chapter)for the legal regulation of methods of analysis(exhaustive rights principles,the principle of implied license,the territoriality principle).In the fourth part(the sixth chapter)I study Trademark Parallel Import and our judicial practice,and puts forward some suggestions on the legal regulation of FTA trademark parallel imports.