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A comparative study of the legal regulation of parallel imports (legal science library; "12th Five-Year" national key

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Price: 48 yuan
Author: Wang Chunyan
Publisher: Renmin University of China press
Page number: 236
Revision: 1
Binding: paperback
Folio: 16 open
Publication time: 2012-5-1
Printing time: 2012-5-1
Number of words: 263000
Commodity logo: 22780633

content validity

In the field of international trade, parallel import has a long history. This is an international trade problem caused by intellectual property rights. It is regarded as one of the confusing phenomena related to intellectual property rights in the field of international trade. Parallel imports generally refers to without intellectual property rights (copyright, patent and trademark owners) or exclusive licensee authorized by the people who own the rights or consent by the delivery of a particular market to imported products, intellectual property rights or exclusive license by the country or region where. It reflects the conflict between intellectual property rights trade and goods trade, and the contradiction between intellectual property protection and international trade liberalization. The comparative study of parallel import regulation by Wang Chunyan is based on the existing research, combined with the legal framework of WTO multilateral trade system, and adopts a variety of research methods to study the parallel import problem from multiple perspectives. The comparative study of legal regulation of parallel imports, based on the description of problems, focuses on the justification and justification of the problem, that is, why and how to build a clear theoretical framework and effective analytical tools.

Brief introduction of the author


The first chapter overview of what is parallel import of parallel import of intellectual property rights, intellectual property rights and regional parallel two, parallel imports and gray market three, parallel imports of the characteristics and forms of the second section parallel import mechanism, a multilateral trading system -- parallel import the premise system one or two, license system and system of multinational companies -- parallel import system of the premise of two or three, the same goods in different countries have price difference, parallel import economic incentives third parallel import in a conflict of rights of intellectual property and product, the relationship between trade related intellectual property rights two, ownership of the goods and knowledge transfer the transfer of property rights between the three, the restriction and balance of interests of the fourth parallel imports of the pros and cons and legal analysis, parallel import Two, analysis of the advantages and disadvantages of the legality of parallel import ban and allow the principle of exhaustion of rights between the second chapter analysis the principle of exhaustion of rights, the first section describes the meaning of the principle of exhaustion of rights two, exhaustion of rights and decisive factor -- agreed to section second is "Exhaustion" rights, intellectual property rights group (bundleofrights) two, by the "Exhaustion" rights in section third the theoretical basis of the principle of exhaustion of rights in section fourth right exhaustion of the spatial effect of the scope of the principle of exhaustion of rights, a spatial effect of the scope of performance two, the exhaustion of the space range of different explanations and reasons of fifth TRIPs and the principle of exhaustion of rights in section sixth from a different point of view of international exhaustion doctrine first, from the relationship between these two principles and regional and independent protection principles of international exhaustion, two from the multilateral trade system of WTO international poverty Hara Norimi, from the perspective of interest analysis of international exhaustion of trademark rights and the third chapter first trademark parallel import of trademark right concept, function and content, the concept of trade mark two, the function of trademark, trademark three content second functions of trademark parallel imports, and a source of recognition function and trademark goods parallel imports two, quality guarantee function and trademark parallel import of the relevant goods three, the difference between the third sections of the dual purpose of trademark protection, trademark protection dual purpose and the meaning of the historical evolution of two dual purpose of trademark protection theory in cases of parallel imports in the use of fourth counterfeit, "free rider" and a parallel import the problem of fake, parallel imports of two parallel imports, the free rider problem in section fifth universality and territoriality and universality The principle and its application in the parallel import case, two regional principle and its application in the parallel import case summary chapter sixth of this chapter fourth creative achievement right and parallel imports in the first section of the creative achievement of the patent right and the protection mode of section second, a parallel import import rights and parallel imports two, parallel import of patented products in the balance of interests, three parallel import of patented products regulations section third copyright and parallel imports, the regulation of Copyright Parallel Import legislation cases, two copyright protection theory and parallel import regulation chapter fifth license agreement and the contract for the sale of the parallel import in the first quarter to adjust the intellectual property license agreement, a license the concept of agreement two, intellectual property license agreement, three kinds of exclusive licensing agreement validity, four license agreement for the second basic requirements Section a, implied permission implied permission and the origin of two, the general standard of implied license three, implied permission in the parallel import in the field of application of the third section through the license agreement and the sales contract constraint parallel importation of human rights, the meaning and significance of two, agreed in the license agreement and regional restrictions on parallel import three, the constraints of the sales contract in the geographical restrictions on parallel import Constraint -- the British and Japanese cases in section fourth region restricted competition law, the nature of regional restrictions two, freedom of contract principle and the principle of fair competition and the coordination of the sixth chapter comparison and reference about parallel import regulation and dispute the first section of the settlement of other countries and regions the existing legal regulation methods of analysis and evaluation, a diversified pattern two, coordination solution The necessity and reality of legal regulation of parallel imports of three, multiple values in section second in China, a parallel import reality two, the need for legal regulation of parallel imports of third to solve the dispute, regulation and a reference to solve the legal regulation of the existing methods, two controversial references postscript

Editor recommendation

Wang Chunyan, "the legal regulation of parallel imports comparative study" constructs the theoretical framework of the legal regulation of parallel imports, using methods of comparative study and empirical analysis, from the "parallel import premise system", "the principle of exhaustion of rights" and "License Agreement and the contract for the sale of parallel imports adjustment" and other parallel perspective import problems, puts forward some valuable ideas. For example, the author analyses the principle of exhaustion of rights of intellectual property, the exhaustion of rights is not equal to exhaustion, but refers to the rights of intellectual property related to a sub group of the exhaustion of rights; the author proposes a hybrid principle of exhaustion of rights and correction of the principle of exhaustion of rights "coordination solutions" and "multiple value choice" and "by evolution" and other ways to achieve the regulation of parallel imports.