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Trademark parallel imports

Author: LanYue
Tutor: TangGuangLiang
School: Graduate School of the Chinese Academy of Social Sciences
Course: Intellectual Property Law
Keywords: Trademark Parallel Imports The three elements of the legal relationship Exhaustion of rights theory Regional Principle Trademark Function
CLC: D997.1
Type: Master's thesis
Year: 2011
Downloads: 76
Quote: 0
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Abstract


The Trademark issue of parallel importation for a long time , it is associated with advancing the development of intellectual property and international trade liberalization . The legal profession for a lot of trademark parallel importation ban row controversy , mainly from the intellectual property rights to the exhaustion of the theory and the territorial principle to start to discuss the recent years, there are articles proceed from the trademark 's function theory to explore some progress . This paper attempts to avoid trademark parallel importation ban row , do not pursue draw a definitive conclusion from the abstract level , but we hope to find a way to solve the problem . First, I use the basic theory of the Law , through the legal relationship between the three elements ( subject, object , content ) to recognize the trademark parallel importation , pointed out that the currently widespread misunderstanding on this issue , both from the point of view of basic legal principles to investigate imports country of the owner of the trademark rights, in particular the problem of parallel importation rights . On the basis of this understanding , the author analyzes both support and oppose the trademark parallel importation theory ( the theory of exhaustion of rights and territorial principle ) , and to draw these two theories can not be a good solution to trademark parallel importation debate . Since the essence of the problem of trademark parallel importation of various interest groups , especially the Game , the author of the interests of all countries in the resolution of national legislative and judicial status quo based on the combination of paper the first part of the basic legal principles of trademark parallel importation analysis , concluded that addressing the issue of parallel importation no need for specific legislation , but by the trademark 's function theory , on the basis of the existing laws , case-specific analysis , various interest groups in order to safeguard their interests , at the same time to find a balance .

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CLC: > Political, legal > Legal > International law > Private international law > International Civil
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