Research On Trademark Parallel Import In Cross Border E-commerce

Along with the "Internet plus" mode of operation is becoming more and more popular,the scale of cross-border e-commerce business is continuously expanding.Cross border e-commerce has become a new growth point to promote the development of our national economy.At the same time,the problem of parallel import trademark infringement in cross-border e-commerce has also become increasingly prominent.Correctly handling the problem of trademark infringement in parallel imports is not only related to the protection of the interests of trademark owners,but also to the development of international trade.Through the analysis of the nature of the phenomenon,the author chooses to further explore the related theoretical issues of trademark parallel import under the background of cross-border e-commerce,and to put forward some suggestions on the regulation based on the national conditions of our country.First of all,from a parallel point of view between the import right of the trademark owner and the import behavior of the unauthorized importer,it is the logical starting point of this article to clarify the concept,characteristics and forms of parallel import of trademarks.Furthermore,after defining the concepts and types of cross-border e-commerce,the author analyzes its correlation with trademark parallel imports,and cross-border e-commerce is bound to involve parallel import of trademarks.Secondly,the current legal norms of our country do not clearly regulate the parallel import of trademark,which leads to the lack of the correct guidance of the legal norms in the dispute of parallel import of trademarks.Meanwhile,the lack of legal norms has also led to frequent disputes about trademark parallel import in cross-border e-commerce.The issue of protecting consumers' rights and interests and the responsibilities of e-commerce platform operators has exacerbated the complexity of regulating trademark parallel imports.Once more,the theory of regionalism,the principle of exhaustion of rights and the function of trademark have been fully applied and developed in the legislation and judicial precedents of various countries to regulate the parallel import of trademarks.The United States,the European Union and Japan adopt different rules according to their economic development and international trade status.The United States takes the principle of regional theory to prohibit parallel importation of trademarks,while supplemented by exceptions.Based on the goal of maximizing regional economy,the European Union adopts the principle of exhaustion of regional rights and set up the exception of repackaging.Through the "Parker" pen case,Japan actually recognized the principle of international exhaustion indirectly,and developed the "substantive violation rule".These theories can also be applied to trademark parallel import disputes in cross-border e-commerce.Finally,from the perspective of trade liberalization,the maximization of the national economic interests,the promotion of the development of electronic commerce and the legislative purpose of the trademark law,we should recognize the legitimacy of the parallel import of trademarks in our country.At the same time,the principle of exhaustion of international rights is applied,supplemented by the principle of balance of interests,and a legislative idea of giving priority to the right and supplemented by prohibition is established.In addition,on the basis of the experience of regulating the parallel import of trademarks from foreign countries,it is suggested that the articles on the regulation of parallel import of trademarks in cross-border e-commerce are set up separately in the trademark law and the electronic commerce law(Draft).