商標(biāo)商品平行進(jìn)口問題的法律規(guī)制.pdf

1、華中科技大學(xué)碩士學(xué)位論文商標(biāo)商品平行進(jìn)口問題的法律規(guī)制姓名：王博申請學(xué)位級(jí)別：碩士專業(yè)：民商法指導(dǎo)教師：易繼明;林瑞珠20070601華 中 科 技 大 學(xué) 碩 士 學(xué) 位 論 文 華 中 科 技 大 學(xué) 碩 士 學(xué) 位 論 文 IIAbstract Parallel import is about products that are legitimately produced and marketed abroad with the

2、 consent of the owner of the trademark rights but are then imported into a country or territory without the agreement of that owner or of the exclusive licensee in the place of importation. Parallel import is not only an

3、 issue in the field of intellectual property; it also involves the matters about international trade and free competition. The legal disputes arise from the parallel import of trademark goods not only tell us whether the

4、 conducts infringe the right of trademark, but also manifest whether it constitutes unfair competition and infringes the rights and interests of consumers. Therefore, the discussion and research of the legal problems on

5、parallel import shall be done not only from the angle of Intellectual Property, but also from the angles such as the protection of the rights and interests of consumers, the law on anti-unfair competition, the rules on i

6、nternational trade and etc, so that we can put forward more scientific and reasonable legal resolution. Part 1 mainly defines the concept, characters, and patterns of parallel import of trademark goods. Then，it sets for

7、th the causes of parallel import of trademark goods in deep-seated angle including institute cause, legal cause and economic cause, of which the economic cause is thought to be critical. Part 2 and part 3 analyze the le

8、gal influences on parallel import of trademark from the angle of trademark law, real rights law, contract law and anti-unfair competition law. The conclusion is : Firstly， according to the trademark law, parallel import

9、has no negative effects on the function of trademark, and it does no infringement on the right of trademark. Secondly, to the principle of real rights law, parallel import of trademark is of the legal conduct according t

10、o the ownership of the products, and the Flaw Guarantee Responsibility will effect the rights and obligations of the two parties. In the field of contract, the restriction on trademark license and international distribut

11、ion license cannot forbid the parallel import of trademark goods effectively, but it can result liability for breech. Filing system is effective to give justice on suit rights in the case of parallel import of trademark

12、 goods. Part 4 reviews Parallel import of trademark goods with policy-oriented and economic-oriented study, and the conclusion is that the permission of parallel import of trademark goods is beneficial to China at prese