Legal Analysis Of Parallel Imports In The Field Of Trademarks

? With the international trading communications furthering, the commodities from different countries are frequently produced and sold between countries, which leads to the conflicts in the field of intellectual property rights. Parallel imports are so induced. In order to analyze and solve the problem intensively and precisely, this article tries to carry out significant discussion on trademark parallel import. With respect to the trademark parallel import, there hasn't been a concerned approach to its theory till now. The argument focuses on "whether the trademark parallel import must be prohibits by law". For a long time, quite a few jurisprudents have been trying to demonstrate whether the trademark parallel import infringes the right to the exclusive use of a trademark basing on some principles of intellectual property The debaters are divided into two groups: one group considers, on the basis of exhaustion of intellectual property rights, once the commodities are launched to the market, the trademark obliges shall not restrict the multi-national flow of commodities with trademark rights, so the parallel imports shall be lawful; the other group emphasizes, on the basis of territoriality of intellectual property rights, that the trademark rights exit relatively independently in different countries, which means the exhaustion of a trademark in one country shall not be equated to its exhaustion in another country, then comes the conclusion that the parallel imports infringe the trademark rights of the importing country and shall be prohibited by law. When discussion the trademark parallel imports, this article stands out of the said train of thoughts. It reaches the legislative conclusion of conditional consent not only by deducing basing on some principles of intellectual property, but also by analyzing how parallel imports influence the rights and interests of the subject in the concerned legal relations from different views of legal relations. Moreover, it offers helpful suggestions about the legislation of the rules and regulations concerning the trademark parallel import and administrative supervision. This article includes four chapters. Chapter One elaborates the manifestation of parallel imports in trademark area, analyzes and sums up the legal characteristics of parallel imports, and illuminates theoretical source of parallel imports and the present argument in theory circle about trademark parallel imports. Chapter Two mainly analyzes the legal value of trademark parallel imports with the method of legal economics through the value analysis between the trademark function and parallel imports, the realization of interests of the party concerned and conflicts between some legal relations. Chapter Three weighs interests between trademark parallel imports and trade liberalization and unfair competition, only to put forward theoretical bases of a final conclusion.Chapter Four mainly introduces the legislations trademark parallel imports in Europe, U.S.A., Japan and Korea, etc., as well as the legislations and judicial practices of China over this problem. Chapter Five suggests our country to allow the trademark parallel imports conditionally and institute the relevant legal and administrative criterions and systems so as to make the most of parallel imports and avoid the disadvantages induced.