Research On The Controversy Of Trademark Parallel Imports In International Franchise

With the development of the international market economy, China is gradually speeding up the pace of foreign economic development, and strengthens cooperation with foreign markets; however, there have been a series of complicated international problems in the win to win process. International Franchise Trademark issue of parallel importation sparked considerable controversy. This thesis is based on a typical international franchise trademarks related to the case of parallel imports of goods in which the two trial court trial confirmed that the plaintiff has the exclusive right to operate, but denied there was infringement of the defendant. It is ridiculous though it looks plausible. In this paper, the author tried her best to analyze substantive issues of the case from theoretical angle and to give legal nature of the demonstration, aimed at accelerating the prosperity of the domestic and international market economy while at the same time maintain the maximum intensity economic interests and legal rights of the franchise holders. Then our whole society would be benefited of the intellectual property rights obtained from the endeavor above.Each chapter in this article is taken theory with case approach, step-by-step analysis of the case, for the recurrence of similar cases to provide better solutions. The thesis covered essential attribute of the International Franchise (the "franchise" is mentioned in this article refers to the corporate franchise granted), the international franchise exclusive right to operate and use rights, intellectual property protection and trademark parallel importation et al. mutual cross-cutting issues, involved not only questions of international law, but also including the nature of property rights in the civil and commercial law related issues. It provides possible solutions for our future trademark issue of parallel importation.