| Parallel import of patent is one of the hot issues in intellectual property field.The principle of national treatment established by the Paris Convention has broken the original trade barriers and promoted the development of transnational trade.With the implementation of China’s reform and opening up policy and the rapid development of market economy,China’s international trade activities become more and more frequent,and the problem of patent parallel import also becomes prominent.Since its official promulgation in 1984,China’s Patent Law has undergone three amendments,and it was not until the 2008 amendment that the parallel import of patented products was confirmed as legal in Article 69.Parallel import of patent not only brings economic development opportunity to Our country,but also brings new challenge to patent protection in our country.The contradiction mainly lies in that the legislative purpose of China’s Patent Law is to encourage innovation and respect and protect the legitimate rights and interests of inventors.However,parallel import of patent is actually a restriction on patent rights,which is contrary to the original intention of the legislation of patent Law.In addition,Article 69 of the Patent Law does not clearly define the parallel import of patent,let alone the relevant implementation rules,which leads to the fact that the provisions in this article cannot meet the practical needs of judicial practice.Parallel import cases are mostly used to determine whether the source of goods is legal by parallel import of trademarks.Therefore,China’s patent parallel import system still has shortcomings,it is necessary to improve the system of new exploration and consideration.Based on the analysis of the advantages and disadvantages of patent parallel import,this paper finds out the problems and shortcomings of China’s current system,and then puts forward some Suggestions for improving the system.Firstly,this paper introduces the basic concept of patent parallel import and its formation reasons,and analyzes the theory involved and its applicability in China.Secondly,it describes the current situation of patent parallel import system in China and summarizes the existing problems in the current system.Thirdly,the legislation and practice of developed countries such as Britain,The United States and Japan are investigated.Finally,on the basis of analyzing the advantages and disadvantages of patent parallel import,some reasonable Suggestions are put forward to improve the patent parallel import system in China. |
