Resolve Differences And Legislative Suggestions On Parallel Import Of China's Trademarks

Under the background of global trade integration,the trademark rights in the backbone role is irreplaceable,the flow of goods market in order to secure the trademark use and sales,commercial organizations scrambling to become a trademark,and thus also produced a batch of licensed importers,the springing of trademark parallel import question became our country even the world is difficult to avoid the difficulties in the judicial practice.At present,there are endless disputes in the academic circle about the parallel import of trademarks.The reason is that no matter from the international conventions or the laws of various countries,the regulation of all rights of trademark owners is not clear,and there is no clear legal basis to explain the prohibition or support of parallel import of trademarks.For China,the number of cases of parallel import disputes of trademarks increases linearly.In the existing cases of Chinese courts,the regional principle of trademarks,the principle of exhaustion of rights and the principle of quality protection of trademarks are basically applied as the theoretical basis to protect the interests of trademark owners,but the interests of consumers and parallel importers are ignored.In fact,parallel import of trademark rights is actually a restriction on rights,and the essence of the restriction of rights lies in the balanced development of interests.Therefore,parallel import of trademarks should be analyzed and legislative Suggestions should be made under the guidance of the principle of maximizing interests.Through the case analysis method,this paper makes a comparative analysis of the classic cases with different judgment results of the court in the disputes over parallel import of trademarks.The solution to the legal problem of parallel import of trademarks is based on the theoretical principle of parallel import of trademarks.Based on the basic theoretical basis of parallel import of trademarks,comparative analysis is adopted to compare the advantages and disadvantages of the regional principle of trademarks,the principle of exhaustion of rights and the principle of quality protection of trademarks,and to illustrate the dilemma of legal principles.The parallel import of trademarks is naturally related to the anti-unfair competition law.From the perspective of balance of interests among trademark owners,authorized dealers and consumers,the anti-unfair competition law can improve the legal basis for parallel import of trademarks.Developed countries and regions as well as international conventions have made different provisions on parallel import of relevant trademarks.International treaties have almost no explicit provisions on whether parallel import of trademarks should be prohibited,which should be decided independently according to the situation of each country.Developed countries,such as the United States,follow the principle of "incomplete or limited international exhaustion" and the "theory of dual protection of trademarks" in the parallel import of trademarks.According to whether the place of occurrence is within the European Community,the countries of the European Community have formulated different laws to allow parallel import of trademarks.On the basis of drawing lessons from relevant legislation of other countries,the legislation of parallel import of trademarks in China needs to be improved step by step.The maximization of social interests should be taken as the legal choice of parallel import of trademarks in China and the policy of parallel import of trademarks should be considered under the maximization of interests.On this basis,the parallel import of trademarks in our country should be allowed in principle,but an exception must be made in the case of prohibition.