The Research On Parallel Importation Of Trademark Goods Under Internet Circumstances

The coming of economic globalization brings us not only more choices of cheaper products and higher quality service, but also fierce competition. Parallel importation of trademark goods is one of the common problems referring conflict of intellectual property rights in international trade. With the existence of more and more trans-national trades, the problems of parallel importation are unavoidably coming into existence and on the trend of growing. On the other side, with the spread of Internet, it is foreseeable that the problems of parallel importation on trademark goods through I-commerce will be common. It is closely related to the accurate information transfer, speedy and effective procedure of transaction, higher safety and lower costs.On parallel importation, laws and regulations face many hard problems, such as whose interest should be protected and balanced. Especially in transaction on Internet, the features of Internet add some unique features to parallel importation that cannot be compared with by traditional parallel importation. Under Internet circumstance, the problem is whether the theory of traditional parallel importation still applicable. Does legislation of some countries hold common stance: how to balance and govern the interests of related parties? What should trademark owner do to actively respond to this problem? This thesis intends to clarify the rights, duties and liabilities of related parties through the discussion of the above problems, and hopes to balance and protect legal interest, and promote the prosperity of trade.The whole thesis consists of three parts. The first chapter introduces the definition, classification, characters and affection to the parties and state economy through the comparison with traditional transaction. Second chapter mainly discusses 2 major theories: the right exhaustion theory and the implied license theory, and the legislation based on them; third chapter focus on the analysis of rights, duties, and liabilities of related parties, and then put forward some suggestions to effectively prevent and govern parallel importation through internet.