Analysis And Legal Regulations On Parallel Import Of Trademark

Trademark is under the protection of intellectual property law because its inner beauty, different from other marks of creative inspiration. Compared with the direct, visible benefits that patent invention or utility model can directly bring for the society, the aim of trademark is to distinguish the goods. Therefore, to protect trademarks shall be different from the protection of patent and utility model.This paper will analyse the trademark parallel imports based on the two top principle of trademark rights, the principle of exhaustion of rights and principle of regional rights。And the interest measure theory will be also used in the analysis.The principle of exhaustion of rights means "the person who has the rights of the intellectual property can not intervene the circulation of the commodity after the product is sold".The principle of regional rights refers to "the intellectual property rights can be acted only within the territory of the nation that gives the rights". And the people who object to the trademark parallel imports believe that the principle of regional rights is born with the intellectual property rights. The intellectual property rights is made by law, and is also the product of nation’s policy. To ensure its enforcement without disabilities, we need legal assistance.Interest measure theory amplifies the interests of one pole, meanwhile damages the interests of another pole. To make sure the interest measure theory correctly using, we should know the accurate location of the theory’s object firstly, a system type or problem type, which means basing on the legal system or solving specific problems. Then, we need make which domain we are in clearly, a new one or a mature one. When different object in different domain, we need different analytical method.