On The "three Essentials" Rule For Judging The Legality Of Parallel Importation Of Japanese Trademark Products

Trademark parallel import products reflect the intricacies of the interest relations:from the national foreign communication level,involving the interests relation between the importer and exporter countries.Involved in maintaining domestic companies and limit the interests of the relationship between multinational corporations,the restrictions on trade protectionism and the expansion of trade liberalism situation will affect the country's international status in international relations;From domestic economic development level,involving trademark holder,rallel importer,domestic consumers in the interests of the different main body between the parties,such as the private interests of encouragement and different direct impact on the protection of public interests the direct benefit of the parties. It is a blend of local legislation and bilateral and multilateral treaties;Intellectual property rights theory and international trade practice and so on comprehensive problem."Agreement on Trade-Related Aspects of Intellectual Property Rights(TRIPs)",add the question to the national regulation,international scholars and judicial practitioners from different angles conducted extensive research on the problem. At present,from the current situation of the research of other countries and regions,mainly has the following discussion: firstly, the qualitative,legality of parallel import. Secondly,the basis of qualitative and judgment elements: from a single perspective of"exhaustion" principle to diversify.In China,the study of parallel import of intellectual property rights has been updated,but there are still the following problems:First of all,most of the research can be of various types of intellectual property as a whole will be treated, trademark,patent,copyright and parallel imports together with discussion, lack of substantial mining of a parallel imports of intellectual property rights ; Secondly, in the perspective of research,usually based on the principle of intellectual property rights(exhaustion, regional),lack of a varied range of research perspectives; Finally,in the conclusion of the study,Usually in the choice of either this or that.In combination of the trademark product parallel import in China,the latest case,generalizes the present state of existing legislation, judicial, and puts forward Suggestions on the legal regulating of the parallel import in China: can be one step ahead in the judicial practice,by the Supreme Court judicial interpretation,to confirm the legitimacy of the trademark parallel import products,such as the time is right, then added legislation. On the legality of the judgment elements,can be on the basis of Japan's three elements,combined with China's national conditions,the principle of three elements to make exceptions to rules,besides the substantial differences such as exception,contract license exception,and so on.