| the trademark parallel import, accurately, should be the trademark product parallel import, it is a very complicated problem, not only involves the field of intellectual property rights, but also with the international trade involved together. Trademark parallel import phenomenon in western countries have already appeared, and the theoretical circle research to this discussion has been more than one hundred years, and from the trademark parallel import and the conflict between trademark licensing exclusive right to see the legitimacy of the trademark parallel import, the present study also is less. Although the phenomenon of trademark parallel import in our country appeared relatively late, but the theoretical circle has certain research, the related law is not to be explicitly stipulated the trademark parallel import.In today’s world is developing towards the direction of globalization, the multilateral trading system is gradually formed, the flow of society goods across national borders is increasingly popular, and the development of the e-commerce platform and the international logistics industry, buy from one country to another country’s products are more easy and convenient, wholesale of trademark parallel imports may attract the attention of the trademark holder, rights protection measures, but as a network of overseas act as purchasing agency this single trade body small amount of trading are hardly to attract the trademark rights people attention, however, overseas act as purchasing agency is also belongs to a kind of parallel imports of trademark, the trademark parallel imports hit the interests of people who have the domestic exclusive right of trademark-use, result in the contradiction between parallel import of trademark with the trademark license exclusive right, however our country doesn’t have clear legal provisions about the trademark parallel import. With the increasing of the trademark parallel import in our country, identifying the legitimacy of the trademark parallel imports, how to deal with the problems caused by the trademark parallel import in practice, has become the problem that need to be solved urgently in the academic circles and judicial circles and the judicial.This article through four parts to discuss the trademark parallel import question:The first part of introduction, introduce about the trademark parallel import in the research status at home and abroad, and some legislation at home and abroad, this paper about the trademark parallel import research findings and the differences from country to country.Second part purchased overseas through a network of phenomenon and trademark licensing exclusive right to exploit the contradiction between the introduction of trademark parallel import to explore, from the side describe our country in practice about the trademark parallel import deal with the confusion and the necessity of legislation.Third part by parsing overseas act as purchasing agency network and the relation of the trademark parallel imports, which leads to the parallel import trademark with the trademark license exclusive right between the contradiction between, in the demonstration of the rationality and legitimacy theory of trademark parallel imports and trademark licensing exclusive right of trademark parallel import restrictions, expound the law not to the trademark parallel import clear stipulations, the status of the trademark parallel import.The fourth part expounds from the perspective of interests balance, as well as the freedom of contract and the coordination of fair competition point of view, analysis of our country in two aspects of public interests and the interests of the private rights should be how to measure. In order to render the trademark parallel import legislation in our country choose contribution. |
