Trademark Product Of Parallel Importation Of Legal Issues

The problem of parallel imports of trademark products and exhaustion of trademark right is one of the several current most difficult and important problems in the worldwide research field of intellect property and international trade. Different countries and regions have different views on whether it's legal or not. Even WTO failed to make its members have identical views.Parallel import of trademark products does good at national economy as well as does harm to it with other factors. It is a crucial point of this research to how to go after profit and avoid disadvantage for our country. Although parallel import of trademark products has arisen for over a hundred year in the world, it didn't take place in our country until 1990s. Relevant research in our country is very simple. With the deepening of the reform and opening up policy of our country, the successful accession to the WTO, cases involved with parallel import of trademark products have been increasing. This research is of vital importance not only for theory, but also for practice.By force of the comparative research on parallel import of trademark products and exhaustion of trademark right, this dissertation analyses the basic principle of exhaustion and the effects of parallel import thoroughly, from the point of law theories and economic substances. By force of the study on legislative and judicial practice of major countries and regions, it sums up some rules on parallel import and exhaustion of trademark.Subsequently, it proposes the referential criteria of legislation concerning exhaustion and parallel import, which would be profitable for China. In addition, it proposes some suggestions for Chinese enterprises on parallel import.In substance, this dissertation explains the meaning of parallel import of trademark products and its manifestation, cause of formation, characteristic, conflict of its theories and its economic influence, etc . This dissertation correctly summarizes the principles adopted by various countries and regions to deal with parallel import of trademark products. But China has legislative provisions on it. This dissertation analyzes the necessity of establishing a law system in China to deal with parallel import and discusses how to construct corresponding legal norm. The author holds the view that basically speaking China should adopt the principle of international exhaustion of trademark right and proposes to improve relevant laws following the guidance of "While allowing parallel import of trademark products, it is prohibited as an exception on certain circumstances". To permit parallel import will help open the market, eliminate trade barriers, and make movement of goods easy. A s more and more Chinese enterprises have become internationalized, the author emphasizes the necessity of China's enterprises taking counter-measures to protect their interests in parallel import cases.