Trademarks Of Parallel Imports

Parallel Import (Grey market) is one characteristic phenomenon in intellectual property depending on the territorial doctrine. Trademark parallel import is one of the essential types in parallel import. The linchpin of handling trademark parallel import is to keep balance between unrestricted trade and protection to domestic interests, to coordinate the conflicts of interests between the owner and the importer. Under the circumstance of less trade barriers, stronger exchange rate of RMB, and higher price of commodities in China, the price of some merchandise is much higher in domestic market than in international market, The different price in different market is the realistic foundation of trademark parallel import. Nowadays cases of trademark parallel import happen occasionally in China, which the legislation is avoiding, leaving no regulation to comply with.Trademark parallel import exhibits obvious specificities comparing with general infringements of trademarks. First of all, what be imported is genuine goods identified by the trademark, not copy or simulation of the genuine goods. Second, the flow of the goods is legal, with the permission of the trademark holder to the fist sold. What we need to resolve is how to evaluate and judge the trademark parallel import.The author analyzed the trademark parallel import from two layers of legal theory and judicial practice. The article has been divided into four sections. The Chapter One introduced the general summarization, including the concept, characteristic, and the theoretical supports of trademark parallel import. The Chapter Two contained the development of theory and practice in other country, and discuss the typical cases in America and Japan. As we could see, the transform of ways in treating trademark parallel import in America was from"allowance"to"principally-prohibition", in contrast, it was from"prohibition"to"conditionally-allowance"in Japan. The transform in the two country reflected alteration of the related legal system. The Chapter Three expounded the current situation and shortage of our legislation and judicial system. Combining the above chapters, the Chapter Four gave some advices to our legal system on the trademark parallel import.