Research On Parallel Import Of Trademarks In The Field Of Cross-border E-commerce

In the traditional trade,there are still many controversial issues in the parallel import of trademarks.As the development of cross-border e-commerce,many new problems,new challenges have made these problems become more prominent.Cross-border e-commerce has become an irresistible trend.From the perspective of globalization of trade,trademarks parallel import system should be established as soon as possible to comply with the development trend of economic globalization.However,Aerial view of the legislation and judicial situation of trademarks parallel import,there are no clear provisions on the relevant laws and regulations such as the trademark law and the anti-unfair competition law,and the judicial practice shows a chaotic situation without basis.TRIPS agreement and other international treaties on this issue have not made a clear statement.Therefore,this paper intends to establish a parallel import system for trademark in China,and put forward a solution to the new problems in the field of cross-border e-commerce.This paper first discusses the legal issues related to the parallel import of trademarks in traditional trade and cross-border electronic commerce,China’s current legislation on the import of trademarks and the current situation of the judicature.Secondly it point out that the overseas commodity sources in the field of cross-border e-commerce is complicated,the legitimacy of the cross-border e-commerce platform is unknown,the legitimacy of the temporary transit of imported goods is controversial and other prominent issues exit.Finally,after drawing on the parallel import system of trademark in major countries and regions,it puts forward the proposal of constructing parallel import system of trademark in China’s cross-border e-commerce field.In turns to the construction of China’s trademark parallel import system in the field of cross-border e-commerce,the paper suggested that should adopt the "revised international exhaustion principle" model.That is,establishing of the international use of the trademark as a basic principle.Under the premise,supplement the principle concerning the special issue,and make supplementary provisions in the relevant laws and regulations in connection with the outstanding issues in the field of cross-border e-commerce,in order to make an extension of the parallel importation of trademarks.