Study On Legal Questions Of Parallel Import

The paper sets forth the meaning, characteristics and forms of parallel import, and analyzes the causes of parallel import from economic as well as legal aspects. Referring to the ideas of both supporting group and opposing group, the paper specifies the theoretical basis of parallel import, which are the exhaustion of principle and the principle of territory. The author also gives her ideas on this.By analyzing the theories of trademarks, patents and copyrights, the paper comes into a conclusion that the parallel import is legal. Moreover, the paper also touches on the matters of the attitudes on the parallel import in the field of copyright of different nations, and the conflicts and cross protection of trademarks laws and competition law with regards to parallel import.Under the subject of international laws and regulations on parallel import, the paper specially analyzes the parallel import in the TRIPS and Paris Convention. By comparing and contrasting the legislation status on parallel import between China and USA, the paper analyzes different laws and regulations of China and USA on parallel import from the aspects of copyright law, trademarks law, patent law and competition law, and probes into the trend of development of parallel import in China.The last chapter, the Legislative Suggestion of Perfecting the Parallel Import System in China, is the maim achievement of the thesis, in which the author points out the legislative defects of Copyright Law, Anti-unjust Competition Law and Foreign Trade Law, and raises relevant legislative suggestions. With regards to the newly promulgated Foreign Trade Law, by referring to the attitude towards parallel import held in judicial practice, the paper raises the legislative suggestion on the Implementation Regulation of Foreign Trade Law going to be formulated in the future. The author proposes to make clear and definite regulations on parallel import, and protect the interests of intellectual right owners and parallel importers, so as to maintain the interests of all parties in a balance state relatively.