Legal Research On Parallel Importation Of Trademark

The issues relating to parallel importation are not only the problems in the sphere of intellectual property but also in the sphere of anti-unfair competition and international trade .Recently, the countries all over the world do not have a uniform mode .Considering the economic interests, they generally adopt a legal system preferable to their own countries, also China is the same. Based on the prevailing law and theories, this thesis makes a comment on legal system relating to parallel importation of trademark. This article is divided into four chapters:The first chapter summarizes the parallel importation of trademark. mainly analyses its concept, recently there are great differences among the theories of scholars in china .In order to make a background for the following chapters ,this thesis analyses the concept .meanwhile analyses the characteristics, forms and reasons so that we can fatherly understand the meaning and extension of parallel importation of trademark.The second chapter analyses the theories and legal practice pertain to parallel importation .doing so, advancing my own point of view which will do well to our country's theory and practice.The third chapter analyses the advantages and disadvantages of parallel importation which will take the countermeasures into account, then make a better choice in legislation. At the same time elaborates foreign judicial practice in order to provide help to our country's legislation.The fourth chapter mainly analyses the legal countermeasures relating to parallel importation, that is, whether or not should the countermeasures be written into legislation., if do so, how to stipulate ,certainly one aim of this thesis is about the persons who have the rights on trademarks in china. That is in order to protect their own rights, what measures they should take.We can say that the problems relating to parallel importation of trademark are complicated. Through the discussion, I want to bring forward my own view, hoping to bring some solutions to the problems relating to parallel importation of trademark.