Exploring The Judicial Determination Of Trademark Parallel Import Infringement

At present,the process of global economic integration is steadily advancing,the integration of global trade is accelerating,and trademark rights also play a pivotal role in international economic trade.Domestic enterprises cooperate with foreign enterprises to obtain authorization for the use and sales rights of trademarks,but at the same time,a number of importers who have not obtained authorization have also appeared.With the booming development of parallel import trade,more and more legal issues have come up,which has become an urgent problem to be solved in China and even in the world.International conventions for parallel imports to countries to solve the problem,and a look at the laws of countries around the world,for parallel imports of trademark rights in the legality of the issue of each word.Solving this problem is of great significance to the study of the legality of parallel importation of trademarks and the determination of infringement in China,and has a more far-reaching significance to the protection of trademark rights and international trade.In the parallel importation case,the plaintiff and the defendant disputed whether the parallel imported goods in question infringed the trademark right.Among them,to prove the infringement of the trademark on the bottle,we should first study the way of dealing with parallel importation in the laws of countries all over the world,clarify the nature of parallel importation,then discuss the legality of parallel importation through the principle of public order and morality,and finally make further analysis from the aspect of goodwill of the trademark owner.The infringement issue of using the trademark of the trademark owner in the import declaration documents and the bottle is analyzed in terms of the nature of the use and whether it will cause confusion to consumers.Based on the study of the controversial focus of this case,combining domestic judicial practice and the relevant legislation of other countries,we collected a large number of cases and sorted out and analyzed such cases,put forward thoughts and suggestions for the judicial determination of trademark parallel import infringement,and constructively proposed that the solution of the legal issues of parallel importation of trademarks should be based on the theoretical principles of parallel importation of trademarks,and that China should adopt the international rights China should adopt the principle of international rights exhaustion,and at the same time make relevant legislative improvements in the Trademark Law.The rule of indicative use of parallel imported trademarks should be added,and parallel importers should claim reasonable use in good faith and grasp the boundary between the legitimate and necessary scope of indicative use and the possibility of causing confusion.