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Legal regulation of parallel import research on laws and regulations of bestsellers

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For the basic information of commodities, please refer to the following description
Commodity name: Research on legal regulation of parallel import
Author:   Yan Guizhen's worksThe
Market value: 20 yuan
ISBN number:   9787301151532
Press: Peking University press
Commodity type: books

Other reference information(in kind)
Binding:paperback Folio:Big 32 open Languages:Chinese
Publication time:2009-06-01 Revision: The number of pages:
Printing time:2009-06-01 Impression: Word count:

content validity

Since the regulation of parallel import is mainly undertaken by intellectual property law, anti monopoly law and pre trade treaty, the scope of this study is limited within the legal framework of the three types of laws. Of course, other laws, including the contract law and the former trade control law, also affect parallel imports, but they do not directly answer the question whether parallel imports are allowed and whether the holder can XX parallel imports. Of course, when we discuss the establishment and perfection of the parallel import legal system in China, the book will involve the former trade control problem.

In this legal framework, the study of the legal regulation of parallel import is mainly empirical and inductive methods. The foreign literature on parallel import is spectacular, and the articles by former scholars have reached a considerable amount. However, the views of the former scholars on the legal regulation of parallel import are quite inconsistent, and even the definition of parallel imports as a research object is quite different. What is parallel import? What kind of attitude does the law take? What is the original meaning of the legal principle behind this attitude? What is the relationship between the three types of laws in parallel import? What patterns do they use to regulate parallel imports? For these problems, scholars can not give the same answer, based on this book, take the empirical method, not only in legislation and treaties as the basis, and the analysis of a large number of examples, so as to explore the effect of the exact meaning of the rule of law and the relevant laws and the practice.

In the case of the lack of a comprehensive and unified treaty, the legal regulation of parallel imports is determined by every country. Methods the relevant national legal attitude on the issue of parallel import of different makes the book can not be used in logical derivation is discussed, so the book will be on the basis of empirical methods, summarizing the relevant legislation and practice of parallel imports of countries or regions to be organized and classified, were analyzed and compared, in order to explore the law.

Overview of parallel imports of XX chapter

Definition, characteristics and types of parallel import of XX section

The causes of second parallel imports and the legal problems caused by them


The second chapter is the legal basis of parallel import regulated by intellectual property law

Exhaustion theory of intellectual property rights in XX section

The second section implied license theory

The third section of import right theory


The third chapter is about the practice of intellectual property law regulating parallel import

XX section: Practice of parallel import regulation by American intellectual property law

The second section of the European Community Regulation parallel import practice

The third section of Japan's intellectual property law on regulating parallel imports

The fourth section of India intellectual property law regulation parallel import practice


The fourth chapter is the regulation of XX parallel import behavior by anti-monopoly law

XX section anti monopoly law and parallel import

Horizontal agreement of second parallel imports of XX

Vertical agreement between third parallel imports of XX

Fourth, monopoly or abuse of market dominance


Wonderful content

An overview of parallel imports by the front chapter

Definition, characteristics and types of parallel imports from front to front

Parallel import is a phenomenon in the forward trade. As to what is parallel import, all countries have not made a clear definition of the former legislation and the former convention, and there are some differences among the scholars. Taking China as an example, it is still controversial whether to refer to "parallel" two characters, or to understand the two word "import".

The definition of parallel import

The "parallel import" word translated from english. The vocabulary used in English includes: parallelimport, parallelimportation, parallelimporting, paroalleltrade, graymarket, etc..

Foreign scholars define parallel imports, mainly using two methods, one is abstract generalization method. Such as:

Parallel imports refer to the products imported legally by the relevant copyright owners, trademark holders, patent holders (or their agents) without the consent of the importing country. It is not a trade of pirated or counterfeit goods.

Parallel import is a kind of forward trade, involving the direct import of legitimate goods from abroad for commercial xx.