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Issues Of Intellectual Property In Parallel Import

Posted on:2003-09-16Degree:MasterType:Thesis
Country:ChinaCandidate:J W GongFull Text:PDF
GTID:2156360065456950Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The issue of parallel import has been the focus issue discussed by the circle of intellectual property law in the recent years. Scholars classier with each other; legislation's in different Countries vary. And in much more countries, no expressive regulations or legit Latinos are prouder. The international conventions concerned with intellectual property even avoid this issue. The disagreements involve not only the cardinal problems like foreboding or allowing parallel import, but also the definition of parallel import, no matter in the circle of theory or in the circle of practice.This thesis is written to expose a deep and delicate analysis of some fundamental concepts and cardinal theories, to reveal the authors own opinion so that one would not repeat the strange whirlpool of language game. This thesis discussed parallel import mainly from the aspect of law with only few touches upon the international trade and economics, though parallel import is finally relied on the relationship of economics trade among countries.This thesis is deviled into four parts:I. Argumentation.This part starts from the universality and importance of inter national trade. Then it points out that parallel import is a phenomena often occurred in the field of international trade, and finally and naturally the important position of prattle import in contemporary international economies life is foreground.II. The fundamental theory of parallel import.This part first clues a comparative analysis on the definitions of paroled import and puts forward the author's view. Secondly, it discusses the concepts and legislative features of intellectual property. Which bases the classification of parallel import. Finally, it analyses the rations between parallel import and enterpriseinnovation or consumer invest.III. Support argumentationThis part investigates different attitudes toward parallel import of patent, copyright and trade mates at home and abroad, in accordance with the three main characters of traditional intellectual property. It is not systematically delicate or thorough for it is free thoughts after the author's reading articles and works related to parallel import.IV. Conclusion: Strategies of our countryThe author proposes the strategies of our country to deal with this issue on the base of the above analysis. To be street, they are not the results of thinking from the pure legislative aspect but formed according to the int-ernational politic and economies relation in reality, although in the above analysis the author has discussed this issue quite a few from this aspect. ( The reason is mainly that discussions concerned with this aspect occupy a great part in the works on parallel import. )...
Keywords/Search Tags:Intellectual
PDF Full Text Request
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