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Legal Analysis of a Case of "MICHELIN" Tires Trademark Parallel Imporpt

Author: FengJiGuo
Tutor: LiuBinBin
School: Lanzhou University
Course: Legal
Keywords: Trademarks The trademark parallel import Right exhaustion theory
CLC: D997.1
Type: Master's thesis
Year: 2010
Downloads: 267
Quote: 1
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Abstract


In-depth reform and opening up and foreign trade development and international trade liberalization, the extent of improvement in our country become a big trading country and join WTO the same time, the phenomenon of parallel importation of trade mark in China’s increasing trade and intellectual property rights has also become an important field of topics. In this paper, that occur in our country with "MICHELIN" trademark of tire case, the issue of parallel importation in-depth analysis to explore the world’s field of intellectual property and international trade in the field of hot issues. Parallel importation of trade mark issue is not merely a trade issue, not simply the right to trademark protection of the world in various countries, developing countries, developed countries, even developed countries, the United States, France, Germany, Britain and the European Union, issue of parallel importation of trade mark different attitudes held by different laws and regulations introduced. In the theoretical field, the exhaustion of rights theory of trademark rights have different regional characteristics of the dispute and views. In this parallel importation of trade mark behind the acquisition of interests in real terms, distribution and constraints. China is a developing country, in the field of intellectual property, in Europe and the United States and other developed countries with the trade and exchanges in a disadvantageous disadvantages, we should actively study and study and learn from Europe and the United States developed the theory and practice. The body of the contents of this article consists of four chapters. Chapter I:Introduction and the instant case, the focus of the case, controversies and the problems. This chapter of the "Michelin" tires of the case conducted a brief case presented a problem, identify the dispute and focus.Chapter II:parallel importation of trade mark rights exhausted with the relationship between theIn arguing for parallel importation of trade mark legal and illegal, the scholars most often used theory is the exhaustion of trademark rights and trademark of regional characteristics, in which it is the exhaustion of trademark exhaustion or international exhaustion, different scholars holds a different view, holding trademark conduct import Scholars who support the legal point of view of international exhaustion of trade mark rights, while the parallel importation of infringing trademark holders point of view of scholars recognized the domestic exhaustion of trade mark. The author, combined with the principle of exhaustion of trade mark rights and trademarks of the regional characteristics, from the perspective of the balance of interests, to analyze the reasoning of the parallel importation of trade markChapter III:From the trademark features and trademark the exclusive right to the point of view issue of parallel importation of goodsIn this chapter the author describes the features and the exclusive right of trademark, the general trademark infringement can be drawn from the damage function of trademarks and trademark the exclusive right of people to analyze, the author combines the trademark characteristics and the nature of parallel imports, parallel imports of goods To analyze the reasoning problems.ChapterⅣ:the present case, the focus and problems involved in the analysis and characterization.The previous text by the author’s legal analysis in this chapter focus on the case "3C certification", the defendant, the nature of violations and the responsibility to make further analysis and characterization.

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