The Study On Parallel Importation Of Trademarked Goods In China And Hong Kong,Macao,Tai Wan

With the protection of intellectual property was strengthened more and more, the problem about parallel import becomes prominently hot in the area of international commerce. Accordingly, the conflict between free transaction of commodities within the whole world and the international protection of intellectual property becomes more and more intensified. How to deal with such a problem now is an urgent task for legal researchers in most of countries. There are many different opinions among the academics on this problem. The statutes on it in many different countries and international organizations have little in common, and even some international treaties on the protection of intellectual property keep silence on this problem.Following"one country,tow systems",there are four kinds of trademark law in china. According as the mainland of china and Hong Kong﹑Macao Taiwan exchanging each other in economic and cultural closely and frequently, All kinds of problem of parallel importation of trademarked goods will be added. For associating with economic in good order and circulating goods, it has a practical sense that study and solve the problem of parallel importation of trademarked goods in four regions.In such a historical background,this article analyzes the related theory of parallel import. Then the author points out that the economic profit hidden in parallel import is the foundation of its existence and the important reason of different attitudes of the countries. After introducing the experience of four regions in china and international treaties,interval treaties,the author raises some constructive proposals according to the disharmonize condition of china and hope that will do good to the legislation of parallel importation of trademarked goods in our country。The first part mainly describes the fundamental problems of parallel importation of trademarked goods.The preface elicits the subject resolved matter of the article follow backdrop of inside and outside.The first section summarized theories of parallel importation of trademarked goods. Firstly, the author introduces the scholar's inside and outside definition of parallel importation of trademarked goods, and then reaches the view of own and deducts four features of the concept; Secondly, the article mainly disserts three theories in jurisprudence law circles and analyzes the choice of Exhaustion of Rights and Universality. At last, explores the benefits of choice behind the theories.The second section introduces the trademark law and experience of China and Hong Kong,Macao,Tai Wan. The case of parallel importation of trademarked goods has occurred in China, but the trademark law has not made concrete regulation; After returning, Hong Kong applies the international Exhaustion of Rights and Macao follows interval Exhaustion of Rights; Tai Wan carries out international Exhaustion of Rights and lead in the head of the trademark law.The third section of the Article analyzes the experience of international. The author puts great emphasis to introduce the legislations and cases of international treaties,interval treaties about parallel importation of trademarked goods. Including Trips, international treaties haven't settled this problem, and leaved to chance; but the attitude of interval treaties is clear, especially the way of doing in EC is drawn lessons from.The fourth part is the constructed project moderated about parallel importation of trademarked goods in four regions of China, which is also a highlight of innovation of this article. Firstly, there are some conflict of trademark legal system because of the unbalance of development of politics and economic. Secondly, following the factual of China, analyzes practically and really the feasibilities of being moderated trademark legal system in four regions of China. At the same time, the author thinks that China should draw lessons from the experience of EC, but shouldn't follow them blindly. The law integration of four regions is the key step of really combination of four regions of China. It is a mutual process between law integration and political integration. Forasmuch, the author suggests that it will the unified trademark law become the final target and the concrete work of being moderated should be proceed following the stages。The conclusion of the Article generalizes the full text and reiterates the actual meaning of combination of four regions.