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Legal Issues of Trademark Parallel Imports

Author: CaoNing
Tutor: ChuMin
School: Nanjing University of Finance and Economics
Course: International Law
Keywords: Trademark Parallel imports Legal System
CLC: D923.4
Type: Master's thesis
Year: 2010
Downloads: 106
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Abstract


Trademark issue of parallel importation of the interest is due to the complexity and difficult to reconcile with nature and become an international trade and intellectual property across the two major problems in the field of international protection. International community trademark parallel importation legal regulation has not reached a consensus. TRIPS agreement on this issue has taken a evasive attitude, leaving the issue to national law of each Member State. Europe and other developed countries in the trademark issue of parallel importation has had a lot of mature approach, they are mostly from the rights holders to protect their own interests to make regulations on parallel imports. China's current trademark legislation the nature of trademark parallel imports were not clear, judicial practices vary, theorists have also exist disputes. Based on October 1, 2009 effective China's new \Firstly, the basic parallel imports from the trademark issue started, to combine existing research on the basic concepts of parallel imports trademarks and connotation and denotation were systematically combing. Mainly discusses the concept of parallel imports trademarks, trademarks parallel imports, we proposed several types of parallel imports trademark, trademark parallel importation analyzed the economic causes and institutional reasons. Trademark traditional theory of parallel imports mainly exhaustion of rights theory, regional theory, theory of implied license, they are distinctive, all into one. In this paper, the traditional theory of the respective advantages and disadvantages of parallel imports on the basis of the observations of a systematic analysis of the main interests of parallel imports equitable theory, theory is introduced to balance the interests of parallel imports, balanced protection of trademark rights, importers and consumers' interests in order to additions and amendments to the lack of traditional theory, for subsequent studies provide a viable theoretical support. The United States and the European Union and other countries and regions such trademark parallel importation of existing legislation and judicial practice, for the relevant system of reference for the construction and improvement experience. This paper describes the system developed parallel importation legislation on trademarks situation and the evolution of judicial practice, analysis of the current international treaties on intellectual property rights related to parallel importation provisions specifically identified for China Trademark Parallel Import Measures Regulations provide reference and basis. Clear of parallel imports of trademark legislation attitude, establish trademark parallel importation legal system, is the ultimate goal of this writing. On the one hand to clarify the legal system of parallel importation provisions on trademarks, introduced China's judicial practice different approaches on parallel imports, analyzes the problem of parallel imports in the trademark system flaw exists on; hand against the status quo of China's economic development, For trademark parallel importation from abroad of legal regulation and practical experience, combined with the interests of the equilibrium theory to explore the trade mark of the legal system of parallel imports of construction problems.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights
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