Research On The Border Protection System Of Intellectual Property For The Trademark Parallel Import In The Free Trade Zone In China

Since China established pilot Free Trade Zones(hereinafter referred to as the FTZ),the government had encouraged import of automobiles by parallel import policies.As the economy is witnessing various forms of trade,the trademark parallel import has become an issue that we must deal with.The trademark parallel import is not only a legal matter involves the protection of intellectual property,but also an issue that will impact international trade and China’s economic policies.The key to address the issue in the FTZs is essentially balancing between free trade and trademark protection.The lack of a legal.system for the trademark parallel import in China has put customs in an awkward position in enforcing border protection for intellectual properties.Conduct a research on legal system and regulations for the FTZs,and accordingly regulate the trademark parallel import with explicit legal basis is an urgent challenge for academia and judicial departments and customs department to facilitate the development of China’s export and economic growth.This article would like to analyze and propose a legal system for the trademark parallel import in the FTZs,and discussing how customs to enforce laws relating to intellectual property in this context.This paper consists of four chapters.The first chapter elaborates on the basic concepts of border protection intellectual properties for the trademark parallel import,analyzes the fundamental legal principles involved in the trademark parallel import,and the necessity of border protection.The second chapter analyzes the status quo and challenges faced by the policies for thetrademark parallel import in the China FTZs.The third chapter analyzes the evolution of international treaties and the world’s major economies on the trademark parallel import,with a view to provide a reference for China’s policies.The fourth chapter proposes the policies and legislative basis for a pilot project,and how to carry out border protection by customs of the trademark parallel import in the FTZs.In principle,the proposal agrees with the trademark parallel import but sets prohibition clauses for exceptional scenarios to protect the interests of trademark owners.