Look At My Country's Parallel Import Phenomenon From The Principle Of Exhaustion Of Rights

Although Chinese government has made many efforts to promote the development of intellectual property laws in contemporary society.In order to adapt the international situation regarding the World Trade Organization's international legal standards,TRIPs and other major international treaties,Chinese government has made great efforts on enhancing clear legal provisions on intellectual property issues including the principle of exhaustion of rights and the parallel importation of trademark goods.This article starts with the specific information of the "Victoria's Secret" infringement case.Based on the case,the article analyzes the basic defination and application of the case regarding the parallel exhaustion.On the basis of analyzing the facts of the case,the relationship between the exhaustion of rights and the phenomenon of parallel imports was explored.In order to devide the exhaustion of rights into two different types,the specificities bring about different divisions that are clarified.Through discussion of the theoretical disputes over the exhaustion of rights,it is clear that the basic theory of exhaustion of rights differs into geographical theory and universal theory,as well as the influence within each scope.In addition,the definition of parallel imports and the reasons for their occurrence are widely discussed.According to the different theoretical doctrines of the principle of exhaustion of rights as previously defined,the relation between the exhaustion of rights and parallel imports are discussed separately.Furthermore,the article clarifis the practical impact on the principle of exhaustion of rights in China's international trade.Finally,according to China's national conditions,the article analyzes the legislative status and judicial practice of the exhaustion of rights in China.It mainly discusses the legislative status and judicial practice of China's parallel import phenomenon and the legislative proposals for China's parallel import,in order to explore a set of legal systems with high feasibility and systematic integrity that stipulates parallel importation.