On the Law Solutions to Solve the Trademark Parallel Imports of Intellectual Property——A Prospective of Trademark Function
Xiaoyu Fan
Abstract
Xiaoyu Fan
Abstract
The issue of the parallel imports of intellectual property has become one of the most important issues in international trade.On parallel imports,the most of scholars took the intellectual property as a whole,and thought that the solutions should be based on the theory about exhaustion of rights.However,the experiences from Japanese Court and the different characters among the different types of intellectual property suggest that those solutions are improper.The theory on the functions of trademark offers a new viewpoint to solve the problem.
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The issue of the parallel imports of intellectual property has become one of the most important issues in international trade.On parallel imports,the most of scholars took the intellectual property as a whole,and thought that the solutions should be based on the theory about exhaustion of rights.However,the experiences from Japanese Court and the different characters among the different types of intellectual property suggest that those solutions are improper.The theory on the functions of trademark offers a new viewpoint to solve the problem.
Key concepts: Trademark, Intellectual property, Function (biology), Law and economics, Property (philosophy), Business, Law, Political science