Reception of Trademark Protection Rules of TRIPS on Parallel Imports in Chinese Law: A Comparative Study with Special Reference to the EU and the US

中國法對TRIPS 商標保護規則在平行進口中的繼受:兼與歐盟法與美國法的比較

Student thesis: Doctoral Thesis

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Award date20 Jul 2017

Abstract

In this thesis, the researcher compared the US, the EU and China in their reception of the trademark protection rules of the TRIPS on parallel imports. By using the methods of historical comparison, case analysis, and interview of judges, the researcher wanted to examine the convergence tendency of intellectual property legal regimes in these countries, to explain the reasons behind the divergences in their reception of the TRIPS, and to know whether these divergences deviate from the main requirements and goals of the international IP (intellectual property) protection agreement. The results showed that the extent of reception of TRIPS depends on the economic and technological development of its member countries. The US has the highest IP protection standards, even higher than those of the TRIPS, and the TRIPS hasn’t been able to meet American fast development of technology and internal social requirements on IP protection; the EU has high protection standards while allowing the existence of divergences according to the needs of domestic market of its member countries and their entire interests. In contrast, China’s IP protection is weak but gradually adaptive to its domestic cultural and economic conditions; its IP protection standards will become increasingly enforced with its fast development in economy and technology. In spite of the divergences, the minimum requirements of the TRIPS for parallel imports are all met in its member countries.