知识产权保护立法中的“灰色区域”——对平行进口合法性问题的探讨

On the "Gray Region" in Protective Legislation of Intellectual Property Rights

本文将从平行进口问题产生的理论根源。

Concurrent importation is an inevitable issue in foreign trade. It affects not only the protection of the interest of the owner and the consumer, but also the practice of a nation's technical trade strategy and its economic development. Therefore, it is urgent, after China's joining the WTO, to protect the intellectual property rights while it promotes its technical trade and to develop theories concerning legislation of intellectual property rights on meeting the goal and criterion set by the TRIPS treaty to guide the study and legislation of concurrent importation in China. This paper, in view of the above-mentioned issues, discusses the theoretical origin and validity of concurrent importation on the basis of a comparison between legislations in different countries and China's response in her own correspondent task.