Research On Legal Regulation Of Parallel Import Of China's Patented Products

On the issue of the parallel importation of patented legal systems and their application,the issue of the principle of exhaustion of rights and the implied permission principle argue over and over again,leading to many differences in practice between countries.According to the scope of geographical validity,the principle of exhaustion of rights can be divided into the following aspects: the international exhaustion of rights,the regional exhaustion of rights and the domestic exhaustion of rights.The application of the three principles indicates that a country would respectively allow parallel imports of patented products,allow parallel imports of patented products regionally or prohibit them.The implied permission principle will grant the patentee the right to grant parallel importation of patented products,which affirm the effectiveness of domestic patentees in restricting parallel imports of patented products through the autonomy of will.The provisions of the first paragraph of Article 69 of the Patent Law of our country show that our country applies the principle of international exhaustion of rights and that it allows the parallel import of patented products.The current legislative provisions in our country can enable domestic consumers to purchase patented products at a lower cost,help maintain the public interests,and help our country make more convenient use of the advanced technological achievements abroad at the same time,which is in line with China's national conditions.However,with the continuous improvement of the patent technology in China in recent years,the parallel importation of patented products in China is definitely,which is not conducive to the protection of the interests of domestic patentees and consumers and the lack of emphasis on the autonomy of patentees.At the same time,when resolving the issue of the parallel importation of patented products,the applicable boundary between the principle of international exhaustion of rights and the principle of implied permission is not clear.Therefore,in order to make the system of parallel imports of patented products in our country perfect,the author thinks it is necessary to improve the protection mechanism of domestic patentee interests,improve consumer protection mechanism,recognize the binding effect of contract restrictions on parallel imports of patented products,and clarify the applicable boundary of the international exhaustion principle and implied permission principle of this right.This paper is divided into four parts.Firstly,the concept of parallel imports of patented products and the related principles of parallel imports of patented products are introduced.Secondly,the existing legislative provisions of parallel imports of patented products in our country and the existing problems of the parallel importation of patented products are elaborated.Then,by the comparative study of the parallel import of patented products outside the nation,summarizes the experiences that our country can learn from.Finally,the author puts forward some suggestions to further improve the parallel import of patented products in China.