Analysis On Parallel Imports Of Trademark Commodities

The subject of “Parallel Import of Trademark” not only has specificity on the aspect of intellectual property,but also deeply impacted by various factors in different countries such as foreign policy,economic environment,scientific and technological level.It is quite significant to properly realize its legal characters and judgement standards at the background of that there is no accordance among legislation,judicature and theories but just piloted in free trade areas in China.The legal characters of parallel import of trademark behavior is the starting point of solving the issue of Parallel Import of Trademark.The key points in dealing with parallel import of trademark are avoiding the limitations of locality principles and exhaustion of right,and placing the probe in the frame of the fundamental theories of trademark law.The legislative intent of trademark law are maintaining impartial business competition which are different with copyright law and patent law as the latter's explicit stimulation purposes.Thus,to judge whether banning the parallel import of trademark behavior or not should be considered in two aspects.One hand,for objective aspect,the formation of business reputation relies on the normal playing of trademark functions which is not obstructed by others.On the other hand,for subjective aspect,the aims of exerting trademark rights of trademark owners must be confined to protecting business reputations and preventing inequitable competition.If the exertion of trademark rights aimed on pricing monopoly or price distinguish in different markets,it should be prohibited.Besides,as parallel import of trademark behavior involves in multilateral interests,so in appraising the parallel import of trademark behavior should concern the principle of interests balance which can not damage the interests of trademark owners and other rightful subjects by just laying emphasis on consumers.The experiences of other countries for the relative regulations edify China that while dealing with this matter,the native domestic economic development situation should be deliberately considered and it is necessary to build independent certification standards which refers to domestic legal system.The analysis methods of legal characters on parallel import of trademark behavior decide the adoption of locality principles or exhaustion of international power in practice.Besides,the interests of trademark owners and other subjects should be comprehensively considered to properly limit parallel import.Reasonably borrow “label exception” rules in USA law and adequately exert the functions of anti-unfair competition law in trademark protection supplement.Meanwhile,to affirm unfair competition and to avoid importers are identified as unfair competition by just involving trademark owners' business reputations.