Research On The Legal Issues Of Trademark Parallel Imports Under The Background Of Cross-border E-commerce

The market scale of global e-commerce has exceeded 25 trillion US dollars in2016,and the e-commerce market of all countries in the world is continuously growing.With the development of cross-border e-commerce,more and more trademark parallel import problems appear,which leads to the inevitable consequences of the exhaustion of trademark rights in the international trade,and indirectly reflects the conflict between the regional characteristics of trademark rights and the liberalization of international trade.Under the influence of Internet plus and economic globalization,the rapid development of cross-border electricity providers has brought about many new problems and forms of parallel trademark import.For example,the cases of trademark infringement are more,the cost is lower,the transaction risk of Internet virtual transaction is difficult to control,the protection of consumers' rights is more difficult,and the legal liability of e-commerce platform is uncertain.At present,different countries in the world have very complex regulations on the parallel import of cross-border e-commerce trademarks.Not only the systems between countries are different,but also the regulations of a country in different periods are different.China is also deeply troubled by this chaos.Since the relevant domestic legislation has not provided a solution to the problem of parallel import of cross-border e-commerce trademarks so far,most domestic courts lack the trial standards and judgment basis for reference when trying relevant cases,which leads to the phenomenon that different judgments have been made for cases with basically the same facts.The existence of this kind of phenomenon is very disadvantageous to maintain the authority and justice of Chinese judicature.This paper is divided into the following four parts: the first part introduces the basic concepts and theories of e-commerce and parallel import,and expounds the particularity of trademark parallel import in the field of e-commerce.The second part of the international treaties and other national laws on the issue of trademark parallel import related provisions are analyzed.This paper clarifies the attitude of international treaties on this issue,and combs the legislative and judicial development of trademark parallel import in the United States and the European Union.By comparing the legislative system and judicial experience of other countries,we can make a preliminary judgment on those advanced experiences that are worth learningand learning from in China.The third part introduces some special problems of trademark parallel import in the field of cross-border e-commerce and the current solutions of each country.The fourth part explains the current legislation and judicial situation of parallel import of cross-border e-commerce trademarks in China,and after learning from the advanced experience of other countries,puts forward suggestions and ideas on the problems existing in parallel import of e-commerce trademarks in China.The parallel import of trademarks is a challenging problem in the field of intellectual property law,which will become more complex under the support of cross-border e-commerce elements.There is still no uniform regulation on the legality of parallel import of trademarks in the world,and the attitudes of domestic laws in various countries are different.With the development of Global trade liberalization and the opening of national foreign policy,the problem of trademark parallel import will be more and more in China's market.Only by regulating this problem in law as soon as possible can it be more conducive to China's opening and development.