Study On Legal Regulations On Parallel Import Of Intellectual Property Rights Products In China

This thesis,based on the fundamental principle of parallel import on intellectual property rights products,compares and analyzes relevant theories concerning legal regulations on parallel import.It also refers to the practices of legal regulations on parallel import in many different countries and regions to put forward conceptions of both theory and implementation of such legal regulations in China.This thesis consists of the following four chapters:Chapter 1:a summary on the basic problems in parallel import.In this chapter, the definition and components of parallel import will be analyzed and summarized. Then the expression form and cause of parallel import are discussed from legal aspect,which leads to conclusion that parallel import is actually a conflict of interests.Chapter 2:analysis of the relevant theories on legal regulations of parallel import.In this part,the relevant theories are divided into two groups:intellectual property rights laws and non-intellectual property rights laws.It tries to list the advantages and weaknesses of each theory.Chapter 3:introduction of interest-balancing theory and its application in specific countries.It takes trademark products as an example to point out that this theory actually dominates every country's attitude towards problem of parallel import of intellectual property rights products.Chapter 4:the conception of legal regulations on parallel import in China.This chapter first analyzes the current legal provisions on this matter,and then based on interest-balancing theory concludes that the interest of various types of parallel import balance each other.In the end,relevant suggestions are made accordingly.