Parallel Import Of The Trademark Rights Exhausted Principle Analysis

With the further integration of the world market and the gradual opening of each country’s market,the world has become a whole.International trade is increasingly frequent,the circulation of commodities aiso has become more intense.And under the leadership of the right consciousness,The protection of intellectual property rights among countries has gradually increased.Also because of this,Such a controversial topic as parallel imports is hot in the world of intellectual property.Of course,this is closely related to the emergence of parallel import disputes,which appear in the social practice.The research of related theories in our country is not mature yet,and the start is relatively late.Therefore,by studying the advanced theories and practical experience of foreign countries,this paper puts forward corresponding countermeasures and suggestions based on our country’s practice,The author tries to provide some reference for the practice of parallel import of trademarks in china.In addition to the introduction,this article is divided into three chapters.The first chapter directly puts forward the controversy about the exhaustion of parallel import rights,and makes a brief introduction to the position adopted by the main developed countries in the world,and summarizes the laws and regulations of various countries,and analyzes the focal points of dispute.The second chapter is the focus of this article,through the economic and institutional aspects of the analysis of the causes of parallel imports,respectively,to compare the advantages and disadvantages.At the same time,the relationship between parallel imports and exhaustion of power is defined from the perspective of interests conflict and balance in parallel imports.Finally,the authoritative theories and theories of law are summarized.The third chapter discusses the problem of the exhaustion of the right of parallel import of trademark in China and the suggestions for the perfection of the judicial system.Based on China’s national conditions and participation in international trade,and drawing on the worldwide experience of mainstream legislation,it is considered that China can refer to the practice of conditional trademark parallel importation in the United States,and lists specific measures in terms of legislation improvement.