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On the Legal Rules of Parallel Trademark Import

Author: HuChangZheng
Tutor: WangWeiNong
School: Zhejiang University
Course: Economic Law
Keywords: parallel trademark import Trade Mark Law Competitive Law fair competition free competition
CLC: D997.1
Type: Master's thesis
Year: 2011
Downloads: 44
Quote: 0
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Abstract


With China’s entry into the WTO, a growing number of cases of parallel import are arising, which are concerned with parallel imported goods identified not only by our country, but also by other countries. How to deal with the problem is drawing people’s attention increasingly. However, so far there are still no uniform international legal rules on it. In China, parallel import is illegal as stipulated by "importing right" in Exclusive Law. However, none of the other laws including Copyright Law and Trademark Law has made any stipulations concerned with this problem and different theoretical viewpoints also exist. The writer of this thesis will analyze the basic concepts and theoretical problems in this field from the perspective of law and offer some personal viewpoints.The thesis is composed of an introduction, the main body (four chapters) and a conclusion. A case study is provided in the introduction to narrate the reasons and meanings of the selected subject as well as current domestic studies on it and attempted contributions of this thesis. Parallel trademark import and forms of expression are theoretically defined in Chapter 1. Problems caused by parallel trademark import but going against Trade Mark Law and Competitive Law are theoretically studied in Chapter 2, especially those going against Competitive Law, which have always been neglected in the past studies. The legal standpoints of all the countries in the world (mainly the U.S., main members of the EU and Japan) towards parallel trademark import are studied in Chapter 3. On the basis of the above studies, our country’s standpoint towards this problem and some countermeasures are suggested in Chapter 4. The conclusion is a summary of what has been studied in this thesis.

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