Research On Legal Issues Of Trademark Parallel Import In E-Commerce

Since China's entry into WTO,parallel import trade of trademarks has become increasingly prosperous.However,a large number of trademark parallel import disputes have emerged,which have attracted great attention of the academic circles in China.Many cases of parallel import of trademarks have been brought to court.Since there is no provision on parallel import of trademarks in China's trademark law,and judges lack uniform trial standards and basis in dealing with cases of parallel import of trademarks,there are phenomena of different judgments in judicial practice,which are not conducive to safeguarding the fairness and authority of China's judiciary.The rapid development of e-commerce under the background of Internet + and economic globalization has brought new development potential to parallel import of trademarks,and many new forms and problems have emerged in parallel import of trademarks.For example,online virtual trading mode makes the transaction risk more difficult to control,the cost of trademark infringement becomes lower,the legal nature of e-commerce platform in parallel import of trademarks is unclear,and so on.Based on the current situation of parallel import of trademarks in China,this paper makes an in-depth discussion on the legislative necessity of parallel import of trademarks.In view of the prominent problem in the case of parallel import of trademarks in our country-the different criteria for judging the legality of parallel import of trademarks,the author puts forward his own opinions and solutions.At the same time,this paper focuses on the parallel import of trademarks in the field of e-commerce,and explores the legal nature and liability of e-commerce platform in parallel import of trademarks under different operating modes.The author believes that e-commerce platform,based on its dominant position in the field of e-commerce,should play a certain role of supervision and guidance in the protection of intellectual property rights in the field of e-commerce.At the same time,it is critical for the healthy development of trademark parallel import in the field of electronic commerce to clarify the scope of review obligation of electroniccommerce platform and further regulate the behavior of electronic commerce platform.In addition,this paper also puts forward specific suggestions for the improvement and implementation of China's Electronic Commerce Law.The full text is divided into five parts,the specific contents are as follows:In the first part,this part mainly introduces the background of this paper,the research status of parallel import of trademarks at home and abroad,and makes a brief comparative analysis.In addition,this part also points out the content of this study,research methods,as well as the innovation and shortcomings of this paper.The second part focuses on the concept,characteristics and main types of parallel import of trademarks.At the same time,the theoretical basis of parallel import of trademarks and the particularity of parallel import of trademarks in the field of electronic commerce are studied and analyzed in detail,which lays a theoretical foundation for further analysis of the legalization of parallel import of trademarks and relevant legislative proposals.The third part briefly analyses the current situation and main problems of parallel import of trademarks in the field of electronic commerce in China.This paper lists the current situation and main problems of the parallel import mode of trademarks in the field of e-commerce,such as overseas purchasing,overseas purchasing,domestic sales,overseas e-commerce direct operation,etc.This paper summarizes the main problems faced by parallel import of trademarks in the field of electronic commerce in China,which are the blank legislation of parallel import of trademarks and the relevant provisions of the Electronic Commerce Law have not yet been specifically implemented.The fourth part mainly analyses the domestic and foreign legislation and judicial status of parallel import of trademarks.Comparing the system differences of different countries,this paper summarizes many problems existing in legislation and judicature of our country.Drawing on the advanced foreign legislative system and judicial experience,this paper puts forward effective suggestions for the legislation of parallel import of trademarks in China.The fifth part puts forward some suggestions to improve the legal system of parallel import of trademarks in the field of electronic commerce in China.It is mainly divided into four parts: one is to regulate the parallel import of trademarks through judicial interpretation;the other is to strengthen the behavior regulation of e-commerceplatform in parallel import of trademarks in network trade;the third is to clarify the responsibility of e-commerce platform in parallel import of trademarks;and the fourth is to strengthen the construction of supporting system for implementing the E-commerce Law.