Study On The Leage Systerm Of Parallel Import Of Trademarks

With the development of China's opening to the outside world,Parallel imports goods are coming more and more,The trademark parallel import disputes are also emerging.The Agreement on Trade-Related Aspects of Intellectual Property Rights(TRIPs)leave the problem to every country.Unfortunately,there is no explicit stipulation on trademark parallel import in our legislation,and there are differences between cases and cases in the judicial practice trial idea.So social contradictions cannot be solved properly and effectively,and the unity and authority of the law and the judiciary were weakened.This paper intends to study the basic theory of trademark parallel import of to analysis the characteristics and problems of trademark parallel import cases.In this article,I suggest a reasonable regulation of it.Trademark parallel import is an act of importing and selling.The subject is an unlicensed parallel importer.The object is the genuine article which is legally produced abroad and affixed with the trademark.It has its own legal characteristics such as authenticity,legality,relevance,license,difference,parallelism,etc.Other countries mainly rely on the principle of exhaustion of domestic rights,exhaustion of international rights,exhaustion of regional rights,regional and universality,etc.The United States,the European Union,Japan and South Korea have adopted different legislative models according to their own national conditions,and have imposed parallel imports or bans or permits of trademarks.In the parallel import laws of our country,there is no explicit stipulation on parallel import of trademark.And the choice of legislative theory is also controversial.In the judicial practice,it is found that there are various characteristics such as stage,infringement constitutive elements,large difference of judgment results and diversified interests.The court often considers the parallel import act as a trademark infringement.Changing the appearance,packaging,and other marks of the product,make incorrect translation of the Chinese label,improper publicity,and damage the goodwill to constitute infringement.The different types of parallel imports are also inherently complex.Therefore,it is believed that China should choose to combine the exhaustion of international rights and regional principles to legislate on parallel import of trademarks.It is legal to define parallel import behaviors that do not constitute infringement in practice.To classify theinfringement of goodwill and trademark infringement,which belongs to the infringement of goodwill,to the regulation of the anti-unfair competition law.In the end,the trademark infringement should be handed over to the trademark law,which explicitly prohibits the parallel import of the trademark.The parallel import of trademarks can be further improved.It can reasonably solve the disputes in the real world to promote the unification of justice and promote the economic development.