Study On Legal Issues Of Parallel Import Of Trademarks

Parallel import of trademark refers to the phenomenon of foreign sales of products with the same trademark, imported to domestic sales. In recent years, business Parallel import in our country gradually normalized, but the parallel import of trademark behavior, not in a formal written form, the judge ruled that the case. Generally in accordance with the "trademark law" fifty-seventh kinds of cases on the infringement of the exclusive rights of registered trademarks of several cases of parallel imports of trademark identification. As society. Economic development, relying solely on the provisions of the individual provisions of the trademark law clearly has not fully adapted to the needs of the. Under the new situation, face up to the problem of parallel import. It becomes more and more urgent to carry on the legal regulation of unity and coordination.This paper is divided into four parts, the first part mainly discusses the parallel import of trademark parallel imports of the definition, characteristics, and expounds the principle of exhaustion of rights. Close the connotation and extension, and the use of the principle of exhaustion of rights in the parallel import of trademark parallel imports and. The second part introduces the current trademark parallel import in our country. The judicial status quo, listed three different periods of the case, pointed out that the judicial practice in our country from the absolute prohibition to a limited degree of recognition of the attitude of the Trademark Parallel Import. In the current academic and practical circles, there is a debate on whether or not the parallel import of trademark should be allowed. The third part introduces the United Kingdom, Germany, the United States. The relevant legislation and cases of trademark parallel import, the analysis of the current world wide range of trademark parallel import regulation form and the value of diversification, so as to sum up my The parallel import of trademark from experience is the doctrine of exhaustion of rights is flexible, appropriate recognition of parallel import of trademark. The fourth part analyzes the regulation of trademark. Several key factors that need to be considered in parallel import, and points out that the main way to regulate the parallel import of trademark is to permit parallel import of trademark, but to make it clear that it is applicable. Situations, balancing the interests and values of all aspects of conflict.