On Exhaustion Of Trademark Rights And Parallel Import

The system of exhaustion of trademark rights belongs to the scope of trademark legislation and has more and more important status,which directly affects the independent goodwill of trademark owners and the interests of the public.Japan,Europe,the United States and other countries and regions have strict legislative provisions in this regard.We can see that all countries in the world have attached great importance to the establishment of this legislation,compared with developed countries,the current Trademark Law of our country still lacks some legislative provisions on the issue of parallel import,but our country's economy and trade are constantly opening up and developing,and it is not uncommon to see legal issues concerning the exhaustion of our rights and parallel import,it is urgent to carry on the theory research and the case analysis to this aspect question,provides the solid theory foundation for the entire system's consummation.Firstly,the paper expounds the exhaustion of trademark rights and the development and research status of parallel import at home and abroad.With the rapid development and changes of the trade situation since China's reform and opening up,more and more economic and trade cases involve the exhaustion of trademark rights and parallel import.Therefore this research topic has the huge economic value,the social value and the social benefit.Secondly,the paper introduces the definition and theoretical basis of exhaustion of trademark right and parallel import,and expounds the relationship between exhaustion of trademark right and parallel import.It is pointed out that parallel import is a kind of market behavior beneficial to market competition and personal development of enterprises,and the exhaustion of trademark right system is the restriction and norm of parallel import,which can be carried out under the legal and reasonable premise.Based on the analysis and research of China's current trademark right system,the paper points out the deficiency of the exhaustion of trademark right and the parallel import system,and according to international conventions and other advanced countries and major economies in the exhaustion of trademark rights and parallel import treatment model and its system advantages,this paper puts forward some measures to perfect the exhaustion of trademark right and parallel import,which enriches the theoretical foundation of trademark right system in China.Finally,the author gives some suggestions on perfecting the legislation of exhaustion of trademark right and parallel import in China.The suggestions and opinions put forward in this paper are of practical significance to the improvement of legislation and economic system in China.