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商标平行进口是与知识产权密切相关的国际贸易问题。我国目前对商标平行进口的立法尚属空白。随着经济全球化的发展,我国的商标平行进口问题日益凸显。故而,在厘清其性质和阐明其理论适用困境的基础上,确定我国商标平行进口的应对策略尤为重要。从我国的经济利益以及国际惯例出发,以权利用尽原则为导向处理我国的平行进口问题是确实可行的。但为平衡商标权人和其他主体之间的利益关系,权利用尽原则须在权利限制之限制范畴内设定一定的条件,唯此才可以在促进我国对外贸易发展的同时达到商标权人利益平衡之效益。
Parallel importation of trademarks is an issue of international trade closely related to intellectual property. At present, China’s legislation on the parallel importation of trademarks is still blank. With the development of economic globalization, parallel importation of trademarks in our country has become increasingly prominent. Therefore, on the basis of clarifying its nature and expounding the dilemma of its theoretical application, it is particularly important to determine the coping strategy of parallel importation of trademarks in our country. Starting from the economic interests of our country and from international practices, it is indeed feasible to treat the parallel import issue of our country with the principle of exhaustion of power as the guideline. However, in order to balance the interest relations between trademark owners and other subjects, the principle of exhaustion of rights must be set within the limits of the restriction of rights, which can only achieve the interests of the trademark owners while promoting the development of foreign trade in China Balanced benefits.