经济全球化趋势下的平行进口法律规制-法律专业毕业论文.pdfVIP

Abstract Parallel import is a difficulty of international trade. It is lacking of a clear legislative requirement to use the traditional "right to the exhaustion of principle" and "territorial principle" to prove the reasonableness of the parallel imports and the legitimacy of the existence congenitally. National legislature and the judiciary practice are rooted in their own interests to consider, instead of simply using the theory. At this stage, the liberalization of international trade development and acceleration of the process of economic globalization needs parallel imports legislative to regulate. As the subject of discussion in this paper, the purpose of the parallel imports of China's legislature is to provide a theoretical basis to make it no longer entangled in "exhaustion of rights principle" and "territorial principle" of the conflict. This paper is divided into three parts. The first part introduces the concept, the characteristics, the causes and conditions, and the types of parallel imports. In the concept, the author introduces parallel imports must contain competition or potential competition, or it will lost its existing theoretical and practical significance. The characteristics of parallel imports, the type of conditions and the reasons for parallel imports are around of the concept to start. The second part analysis the legality of parallel imports, describes the traditional "exhaustion of rights principle" and "territorial principle" on the legality of parallel imports, analysis the parallel imports on the interests of the legal system orientation, discusses charity private interest sand parallel imports, as well as the relationship between th