论专利产品的平行进口-民商法学专业毕业论文.docxVIP

PAGE PAGE 1 Abstract The word “Parallel Import” comes from English word “Parallel Import”, since the middle of the 19th century. Parallel Import of patented is one category of parallel imports, which means movement of patented products among more than two countries which protect the patent right of the patented products. With the development of international trade, parallel import of patented products happens more frequently in world, which results in a controversy. However, the relented international conventions are not clear on the issue of parallel imports, and leave free room to each Member State to choose the policy on this issue. And in China, there is no definite stipulation on patented products in the Patent Law. As the integration of international economy, lack of related regulations on parallel imports of patented products will undoubtedly restrict further development of economy nowadays. This thesis aims to find a probably benefit policy to the current conditions in parallel imports of patented products with comparison to foreign legislations and cases. This thesis is divided into five parts. The first part is the introduction of the parallel import of patented products, which contains the definition, the causes, the forms and the economic analysis of the parallel import of patented products. It could be concluded that parallel imports of patented products are inevitable currently. The second part is introduction of the basic theory of the parallel imports of patented products. With the analysis of the doctrine of exhaustion of rights and the doctrine of territoriality in intellectual property rights, this part introduces the uncertainty in regulations of international treaties on parallel imports of patented products. It elaborates that because of lack of common agreement on authoritative theory in parallel imports of patented products, and no unified regulations which could be widely accepted among countries, it is necessary for countries to find the