Analyzes of the Legal Matter of the "the Parallel Import" for Trademark
Yan Ren
Abstract
Yan Ren
Abstract
Both international joint pledge and Chinese law have not made explicit stipulation to trademark,parallel import.According to the right exhausts theory and the region theory,the trademark the import should get concrete analysis,organically well unify these two kinds of theories.Our country legislation the import is prohibition or permits to trademark,certainly must profit from overseas some methods and international joint pledge,the treaty related stipulation.Trademark domain parallel import with patent product parallel import,copyright domain parallel import legislation tendency should have differently,cannot forbid constantly,the import should permit and perform rulesand regulations to trademark.
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Both international joint pledge and Chinese law have not made explicit stipulation to trademark,parallel import.According to the right exhausts theory and the region theory,the trademark the import should get concrete analysis,organically well unify these two kinds of theories.Our country legislation the import is prohibition or permits to trademark,certainly must profit from overseas some methods and international joint pledge,the treaty related stipulation.Trademark domain parallel import with patent product parallel import,copyright domain parallel import legislation tendency should have differently,cannot forbid constantly,the import should permit and perform rulesand regulations to trademark.
Key concepts: Stipulation, Trademark, Pledge, Business, Legislation, Treaty, Law and economics, Goodwill