Discussion On Issue Of Copyright Parallel Import

The intellectual property goods of parallel import is an intellectual property issue related with international trades .After China entered into WTO and the trade barriers of goods between countries have been eliminated, parallel import of intellectual property goods become another trade barriers to maintain national economic interests for counties. So is also becomes a topic of general interest. Copyright goods of parallel import is defined as that when a copyright good is protected by a domestic copyright law and import businessmen are not authorized the rights that product , sell and import goods to the country by copyright man or authorized man.To study on parallel import of intellectual property goods, most of scholars focus on the domains of trade marks and patents, but few on copyright, and our legislation are blank.The quick development of copyright trades, as well as other international trades of intellectual property goods, parallel import becomes another barrier of goods trades to maintain domestic economic interests for countries.In the domain of copyright, the attitude to parallel import is the results of balance of interests for every country. In our Copyright Law , we can't take absolute measures on the issue of parallel import .We should define and supplement relative theories ,use the judicial experience of other countries for reference and regulate of parallel import in our legation from benefits of our country.On one hand, As China has entered into WTO and copyright trade has been increased, the issue of parallel import is gradually outstanding. So it's realistic meaningful to solve the issue. On the other hand, in our country, we don't have goodmethod to solve this problem. So this article is to straighten out parallel import of copyright overall and support some theoretical suggestions and reference to solve problems of copyright parallel import.This article concludes three chapters:Chapter one is to discuss basic issues of copyright parallel import as the foundation of this article. This chapter concludes three parts. First part is to compare conception of parallel import between at home and abroad. Second part is to discuss conception and characteristics of copyright parallel import, as a result of author's own understandings of copyright parallel import. Last part is to analyze three theories which can support or oppose parallel import and found out the basic theories of copyright parallel import.Chapter two is to analyze copyright works and copy from compatriotic law and use three theories which are put award in first chapter. This chapter concludes three parts. First part is to study appearing causes of copyright parallel import and make sure different beneficial driving causes. From the attitude of nature of copyright, second part is to combine some international representative experiences and cases which oppose or support copyright parallel import and analyze difference and causes of copyright works and copy of parallel import abroad.Chapter three concludes two parts. First part is to discuss legal existing situations and causes of copyright parallel import. Second part is to discuss the legal solutions of domestic Copyright Law.