Trademark Product Is The Issue Of Parallel Importation Study

The problem of parallel imports of trademark products is a hot problem in the field of intellectual property. Different countries and regions have different views on whether it's legal or not for a long time, and scholars also have different opinions on it, countries are also not uniform on legislation. Even TRIPS failed to make its members have identical views. Parallel import is not only concerned with the problem of the field of intellectual property, but also concerned with the aspects such as international trading and free competition. Parallel imports of trademark products cause the legal conflict not only shown in whether it have formed, and shown in whether illegitimate competition have intruded customers' benefits, as well as cause the right conflict between the trademark owned and the trademark used. Therefore we should get rid of the limitation of intellectual property, for the law that produces by parallel import problem should get rid of the limitation of intellectual property to suggest a more scientific reasonable legal solution from customer's interests illegitimate competitive law field by analyzing and studying.Parallel imports 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 go after profits and avoid disadvantages for our country. This paper tries to put forward my own opinions from the point of law the theories and economic substances.Specifically the first part of this thesis has introduced the theoretical problem of parallel import of trademark products, and this part begins from the concept of parallel import of trademark products, and have compared with the definition of the domestic and international scholars and pointed out my own view, which offered a wide platform. The second part seeks its influence and the cause of parallel import of trademark products from the economy angle and reveals the conflicts of benefit of the parallel import of trademark products. The third part analyzes the theoreticalfoundation of the parallel import of trademark products stressing on how to make choice of the conflicts between "the principle of exhausting right " and "the regional principle'", between "the benefits of individual " and "the benefits of public", between "the trading liberalism " and "the non tariff barrier ", and especially points out the theoretical mistake of" the principle of exhausting right " and" the regional principle "to establish theoretical foundation. The fourth part is compared for the legal rule system of the parallel import of trademark products and mainly investigated the different practice in the legislative and judicatory in USA, European Union and Japan in order to be advantage to our country . The fifth part analyses present situation of the legislative and judicatory of parallel import of trademark products of our country and the arguments of academic circle to point out the dependant passive situation of our law. Combination the world and national present situation the thesis puts forward and proves in detail that our country should adopt "the principle of exhausting right". Under existing legal frame we should establish the law that allows parallel import but have exceptional stipulation in "trademark law ", and establish the legislative conception of corresponding protective program in order to solve benefits balanced problem in the importers, customers and person of trademark rights, and the problem between "the principle of exhausting right " and "'the regional principle", and the problem of parallel import with fair competition.