| The Parallel Importation is a complicated theoretical and practical problem intertwined with the domain of international IP laws and the realm of international trade. It is also a hot topic which scholars in international economic law field and international IP law field keep studying and exploring. In China, due to the limitation of the economic development in the past, we did not pay much attention to this problem. As China joined WTO with the increasing transaction in international trade, it has been more pressing and essential for us to deeply study this problem. Given this background, there is a detailed analysis in this thesis in terms of the rules and regulations of EU as the biggest economic area and of USA as a developed country, including the background of legislation, the judicial practice and the enforcement measures. Furthermore, it involves the developing recognition to and the status quo of this problem in Chinese law system and accordingly proposes the suggestion of future legislation. This thesis is divided into three Chapters.The first Chapter thoroughly presents the rules and regulations with regard to this problem under the US legal system. As a developed country, the US is a typical model of other countries in theoretically studying and judicially practicing of this problem. Accordingly, under its whole legal system, whether in its Federal Tariff Law, Trademark Law or Custom Regulation, they all refer to the issues of parallel importation. This thesis presents a full picture regarding all aforesaid laws and regulations.The second Chapter specifically analyzes the regulations of EU in respect to parallel importation. Compared with other economic entities and counties, EU is unique. This Chapter is exploring that, economic-wise, how the European economic policy of the free flow of commodities within EEA affect the parallel importation; legal-wise, with the request of the best coordination among member states in EU, what the regulations and measures are regarding parallel importation in the transactions with EEA and between EU as a whole and other outsiders.The last Chapter is expounding Chinese situation; especially after accession into WTO, we have been more and more integrating with world. Accordingly, our Trademark Law and Custom Law got refined and improved. However, owing to the late research of parallel importation, there’s still deficiency in this area. This chapter shows a deep analysis of the status and weaknesses of the study of this problem and spells out suggestions in legislation light based on a brief comparison between legal regulations in US, EU and China.As a conclusion, the parallel importation is very complex and closely associated with economic policies. Thus, not only may we use the advanced experience of other countries or region for reference, but also we should take into consideration our own legal, political and economic characteristics to figure out a set of legislative and law-enforcing measures to most fit in with Chinese situation. |
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