Research On The Parallel Import Of Trademark Goods In Cross-border Trade

In recent years,with the strengthening of my country's comprehensive national strength,the liberalization of trade policies and the increase in consumer demand for high-quality goods,the scale of cross-border trade has continued to expand and more and more foreign commodities have been imported into China for sale in parallel.However,trade development trends continue to expand,and trademark issues caused by the increasing prevalence of parallel import trade have gradually emerged.Parallel import of trademarks goods is related to the sustainable development of national trade,the protection of trademark rights,and the domestic trademark owners,parallel importers,and the interests of consumers and other parties are balanced.Major countries or regions outside the region allow or prohibit parallel imports of trademarks goods based on their actual national conditions and trade development trends.However,my country's laws and regulations on trademark protection are also in a state of blank legislation regarding the issue of parallel import of trademarks goods,making judicial practice in a state of unclear standards and inconsistent judgments.Through combing through relevant judicial cases,this article finds that the main purpose of the court is to protect the basic functions of trademarks,that is,whether the parallel importer will cause substantial differences in the import process and whether it will lead to consumption.Confusion,whether it constitutes a fair use of a trademark,and whether it constitutes unfair competition are important criteria for judging whether parallel imports of trademarks goods are infringing or not.Therefore,this article intends to explore the issue of trademark parallel import goods in cross-border trade and establish my country's independent trademark parallel import system.This article summarizes the basic connotation and theoretical basis of parallel import of trademarks goods,analyzes the legislative status and judicial practice of parallel import of trademarks goods in China's cross-border trade,as well as the problems faced by trademark protection of parallel imported goods.And draws on the the legislative attitude of the parallel import of trademark goods products in major countries and regions outside the territory.Finally,combined with my country's actual national conditions and trade development trends,proposes suggestions for the establishment of an independent trademark parallel import goods system in my country,that is,to clarify the legality of trademark parallel import goods based on the principle of maintaining economic and trade development and the basic functions of trademarks.At the same time,in order to avoid the malicious competition of parallel importers from harming the interests of trademark owners,some exceptions are set up,the principle of exhaustion of the rights of related parties,the principle of prohibiting substantial differences,the principle of prohibiting packaging changes,the principle of prohibiting abuse of rights,and Maintain market economic order and fair trade competition.