Research On Legal Regulation Of Parallel Import Of Trademark

With the rapid development of economic,international economic has been increasing,forms have also been diversified,and trademark goods have been imported in parallel.Since its emergence,it has attracted much attention.This is a dual issue of international trade and intellectual property rights.TRIPs agreement does not give a clear treatment,but it is regulated by the countries themselves.Different countries and regions as different interest groups,based on their different basic national conditions,trade policies,and economic strategies,have different attitudes toward the parallel import of trademark goods.In sorting out cases of parallel imports of trademark goods in China in recent years,the author discovered that from the initial Luxi case(1999)to the present Fendi case(2016),the issue of parallel imports of trademark goods has been active in the theoretical community for more than 10 years.Practice circles.Although each case will be more or less different,the same thing belongs to the issue of parallel importation of trademark goods.Therefore,through the analysis of China's judicial practice,this paper finds that the court argues that there is a defect in the judgment of relevant cases.Department.If the principle of exhaustion of trademark rights is directly applied,it is considered that the parallel importation of trademark goods is legal and does not constitute trademark infringement.Although the principle of exhaustion of rights is the theoretical basis for the parallel importation of trademarkgoods,this is also the development of traditional trademark law theory.However,it is worth noting that the exhaustion of rights can be divided into three types,while China does not have a clear attitude towards the principle of international exhaustion of trademark rights.Moreover,China is not a case law country and cannot be like the United States.In that case,it is clear that this is also a special part of dealing with parallel import issues.The author believes that the principle of legality cannot be simply used as a basis for judgment in judicial decisions.Furthermore,when the court determines whether the parallel importation is infringing or infringes on rights,it has a monopoly scope to expand the trademark rights,such as the recognition and recognition of goodwill on the trade mark and goodwill on the name of the company(size).Confusing,the author believes that when dealing with the parallel importation of trademark goods,what kind of behavior should be incorporated into which legal adjustment is clearly defined to prevent the expansion of the scope of rights.Finally,on the basis of discovering problems and analyzing problems and combining foreign legislative and judicial experience,it is believed that the non-prohibition of parallel imports of trademark goods is in line with international trade practices and the legislative trend of trademark law.The complete prohibition of the parallel importation of trademark goods does not conform to the actual situation of China's major trading countries,but it will completely harm the interests of domestic relevant rights holders.Therefore,the appropriate countermeasure is to allow legislation such as the "Trademark Law" and "Anti-unfair Competition Law" to adjust related behaviors,such as parallel importers' sales,advertising campaigns,etc.,if not prohibited.If it is an infringement of trademark rights,it will be handled by the "Trademark Law." Let "Unfair Competition Law" Adjust Unfair Competition Behavior.This allows judicial practice to deal flexibly with the parallel import of trademark goods under the existing legal system.The text is divided into five chapters:The first chapter puts forward questions,briefly describes the status quo of the judicial practice of the parallel import of Chinese trademark goods,and displays thecases of parallel imports of trademark goods in a tabular form,and then sorts out the judging ideas and deficiencies of relevant judicial decisions.It is found that in the judicial practice,when the relevant behavior is determined as infringement,the law applicable to the court is mainly the "Trademark Law" and the "Unfair Competition Law," but there are irrational reasons when the referee argues that the theory and the application of the law.The second chapter is based on the questions raised,and the author attempts to theoretically analyze the conflict between the parties involved in the parallel import of trademark goods and the disputes in the current theoretical regulations,so as to find out the causes of these problems at the theoretical level.The third chapter starts from the judicial practice,and analyzes the predicament faced by courts in the refereeing process without legal regulations.We mainly discuss the rationality of the application of law.The fourth chapter focuses on the analysis of foreign countries' regulation of the parallel importation of trademark goods,and clarifies the legal provisions and judicial precedents of the United States and the European Union on this issue,and compares the two markets to deal with this issue in a simple way,analyzing two different treatment methods.The advantages and disadvantages of the project are expected to provide lessons for China's legislation and judicial practice.Based on the analysis of the previous chapters,the fifth chapter proposes regulatory proposals for the parallel import of trademark goods in China,with a view to providing solutions for related departments and judicial practice.The exploration of the principle of exhaustion of rights should be combined with the judicial practice in our country.Under the premise that there is no clear definition of which principle to apply,it should not be directly used as a basis in judgments.Instead,existing laws such as the Trademark Law and the The “Competition Law” balances cases.