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Research into Problems about Parallel Import of Intellectual Property Rights

Author: YangJuan
Tutor: ZhangJin
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: IPR Customs protection Parallel import Territorial principal Exhaustion of rights
CLC: D997.1
Type: Master's thesis
Year: 2010
Downloads: 151
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Abstract


Under the ground of trade imbalance of different countries, the parallel import issue is gradually highlighted. As to parallel import, there is no uniform international treat, and the law of our country does not clearly defined, also the debate in academic circles is intensive. We can find the fade zone lies in the Customs protect of IPR. This thesis starts with analysis of the concept of parallel import, and then I contrast and discuss relevant traditional theories of parallel import: territorial principal and exhaustion of rights. Meanwhile, I conclude the legal principle and the equilibrium point of benefits to solve problems of parallel import, and discuss the regulation on parallel import in other countries, what’s more, I analyze the pros and cons of regulations in different countries, when our country handle problems of parallel import we can use the experience of other countries for reference. At last, this thesis put forward the proposal that Customs protect of IPR. should definitude the regulation on parallel import in legislative practice, discuss the standpoint and measures our Customs should adopt on parallel import. In order to handle problems of parallel import in Customs practices much better, this paper also put forward the proposal that we should add the measures such as definitude Infringement found of parallel imports products, detain, cooperate with Intellectual property rights holders etc. in laws, regulations and Customs Normative documents.The paper is composed of five chapters: chapter one talks about the basic problem of parallel import. Chapter two analyzes the legal principle to handle problems of parallel import. Chapter three discusses the legislation direction of problems about parallel import of IPR. in our country. Chapter four is about case study on parallel import and export. Chapter five analyzes the factors and proposals on the standpoint of Customs to handle problems of parallel import of IPR.

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