Study on the Legal Rights to Parallel Importation of Trademarks from a Comparative Law Perspective

Ziyi Xue; Shaotong Zhang

doi:10.54097/ehss.v1i.628

Authors

Ziyi Xue
Shaotong Zhang

DOI:

https://doi.org/10.54097/ehss.v1i.628

Keywords:

Trademark rights, Parallel Import, The principle of exhaustion of rights.

Abstract

In recent years, the number of cases of parallel importation of trademarks in China has gradually increased. Although the relevant judicial cases show that the courts have more or less the same attitude towards the legality of such acts, China’s legislation has not made clear and specific provisions in this regard. This not only undermines the predictability of the law but also makes it difficult to effectively guide the various situations that may be encountered in judicial practice. Therefore, this paper will use the case study and comparative research to make some suggestions that the legislation should in principle give legal status to the parallel importation of trademarks, further clarify the obligations of parallel importers in respect of marking, clarify the elements of trademark infringement, and prohibit other possible unfair competition practices, so as to make a good connection with the Anti-Unfair Competition Law.

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