The Parallel Importation Of Copyright

The Parallel importation of copyright is an international trade-related intellectual property rights. On the one hand, Parallel importation of copyright relating to the interests of a number of main; On the other hand, The elimination of tariff barriers in trade case. Parallel importation of copyright has become in order to safeguard the interests of the national economy to another set of trade barriers. In this paper, the main problem is that the parallel importation of copyright and copyright of the regulation of parallel imports. The main contents of this paper are:Parallel importation of copyright based on the theory: Parallel importation of copyright is, Subject to copyright protection in the importing country products related to the importing country without the consent of the copyright holder, Products imported through legal channels to copyright protection on the products of the State’s conduct; The characteristics of parallel importation of copyright has: The complexity of the main、The specificity of the object、Parallel importation of copyright products more prone to ; Parallel importation of copyright-related theory of the universality of the theory、Theory of implied license、Regional theory、Exhaustion of rights theory. Parallel importation of copyright based on the theory : The principle of international exhaustion of distribution rights, The principle of balance of interests.Relating to parallel importation of copyright provisions: In the international conventions, Does not require most of the international conventions related measures , Through the interpretation of TRIPS agreement, Recognition of the principle of international exhaustion of distribution rights, To allow parallel importation of copyright, can be seen. To allow parallel importation of copyright is Australia, EU member states Austria and Germany, Japan, Singapore, etc. Prohibit the parallel importation of copyright of the countries Canada, the European Union, the United States, Taiwan and the mainland’ s Hong Kong Special Administrative Region of China. Parallel importation of copyright in our country there is no legal.Parallel importation of copyright in our country the need for regulation and allow the possibility of parallel importation of copyright. Parallel importation of copyright in our country the need for regulation: The protection of the copyright holder、Balance the interests of the main、The development of modern copyright law、Better practice guide. Allow the possibility of parallel importation of copyright: Jurisprudence、Law and Economics、Trade、Existing legal and The International Covenant on.Finally, according to the principle of international exhaustion of distribution rights and the principle of balance of interests, have raised the legal regulation of the methods. Rights related to copyright, the parallel importers, also pointed out that the method of administration of justice. Consumers and countries are given clear rights and obligations. Put forward a clear program on the parallel importation of copyright.