Trademark Parallel Imports

Import tariff has been decreasing year after year since Chinese accession to the WTO, on the other hand, our ties in trade with other countries in the world is increasingly close. As a result, the effect caused by the Trademark parallel import is gradually making its presence. However, there's no specific law to regulate the trademark parallel import in China, which results in two similar cases receive adverse verdicts. There is no doubt that it exerts a negative influence on the dignity of our law. Therefore, it is an important task to strengthen the laws and take a right attitude toward the trademark parallel import. This problem will be explored in this thesis in three parts: introduction, body and conclusion part. And the main content is included in the body part.In the first chapter of the body part, the conception, characteristic as well as the manifestation of the trademark parallel imports will be discussed in detail. In addition, the forming reason why the problem of trade mark parallel import will be added in this part. Through analysis, the writer provides systematical responses for two questions as follow: What's the trademark parallel import? And what kind of activities belong to the trademark parallel import?As far as the law theory is concerned, the reason why the trademark parallel import become a controversial issue is the interest conflict between the principle of territoriality and Exhaustion doctrine. So, for a better demonstration of this problem, the writer makes a contrast and analysis between these two principles on the basis of introducing their conceptions and natures. Finally it concludes that the principle of territoriality is prior to other principles even the exhaustion doctrine in dealing with the trademark parallel import.In the third chapter, the writer mainly focuses on the laws and stipulations over trademark parallel imports of different countries, such as America, EU, Japan and Korea. With reference to international legislation, many countries still adopted an obscure attitude in this regard. However, in some relevant cases, the rights of the trademark importers can be identified and the trademark parallel import is indirectly acknowledged as an act of infringement. The Europe countries and America, Japan and Korea are the main economic entities with a mature market economy system in the world. Considering different legislations and practice adopted by the above countries from the angle of history, through comparative analysis about the legislative attitude and shift of spirit on this problem, the writer proposes legal countermeasures for our country.In the last chapter, it will analyse the practice in the trademark parallel import and scholars' disputes on it in China. By analysing the present situation of law in China, the writer proposes a legislative model that China should generally prevent the trademark parallel import, but it can regulate some exceptions.