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Research on legal regulation of parallel import

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Basic information of commodities

Price: 20 yuan
Author: Yan Guizhen
Publisher: Peking University press
Page number: 250
Revision: 1
Binding: paperback
Size: big 32 open
Publication time: 2009-5-1
Printing time: 2009-5-1
Number of words: 220000
Commodity logo: 20620721

content validity

Since the regulation of parallel import is mainly undertaken by intellectual property law, antitrust law and international trade treaty, the scope of this study is limited within the legal framework of the three types of laws. Of course, other laws, including contract law and domestic trade control law, also affect parallel imports, but they do not directly answer whether parallel import is permitted and whether the holder can restrict parallel imports. Of course, when discussing the establishment and perfection of China's parallel import legal system, the book will involve domestic trade control.
In this legal framework, the study of the legal regulation of parallel import is mainly empirical and inductive methods. The foreign literature of parallel import is magnificent, and the articles of domestic scholars have reached a considerable amount. However, scholars at home and abroad have many opposite views on the legal regulation of parallel import, and even define the phenomenon of parallel import as a research object. 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 absence of a comprehensive and unified international 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.

Brief introduction of the author


Chapter one: summary of parallel imports
The definition, characteristics and types of parallel imports
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
Section 1. Exhaustion theory of intellectual property rights
The second section implied license theory
Third section import right theory
The third chapter is about the practice of intellectual property law regulating parallel import
The first section of the United States intellectual property law regulating parallel import practice
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 about the restriction of the anti-monopoly law to the restriction of parallel import
Section 1. Anti monopoly law and parallel imports
The second section of the horizontal agreement restricting parallel imports
The third section of the vertical agreement restricting parallel imports
Fourth, monopoly or abuse of market dominance
The fifth chapter: international trade treaties and parallel imports
Section 1 bilateral trade treaties and parallel imports
Agreements and parallel imports of second regional organizations
Third section WTO agreement and parallel import
The fourth section of the Doha declaration and parallel imports
The sixth chapter: the trend of legal regulation of parallel import and the perfection of relevant system in China
The value orientation of parallel import regulation in the first section
The trend of legal regulation of second parallel imports
The third section of China's relevant system improvement

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