平行进口中的商标权权利穷竭研究
发布时间：2018-09-01 06:39
【摘要】：在商标法诸多制度中,商标权权利穷竭制度是其中一项极其重要的制度,其在一定程度上关系着商标权人与社会大众之间利益的平衡。世界上许多发达国家诸如日本,欧盟,美国等对商标权权利穷竭制度都有极其明确的规定。在这当中,尽管不同国家和地区的商标权权利穷竭可能有不尽相同的效力范围以及差异性的政策法规,但是商标权权利穷竭制度的重要性在各国商标立法中的地位仍然是举足轻重的。纵观我国目前的商标法,与欧美等发达国家相比较,我国在商标权权利穷竭制度领域的规定还是空白的。伴随着世界经济的快速发展和贸易自由化步伐的加快,作为一个逐步成长的新兴经济大国,构建商标权权利穷竭制度已经迫在眉睫,只有这样才能更好地解决商标权人与社会大众之间的利益冲突,更好地规范商标商品的平行进口问题,这就是研究本课题的研究目的及意义所在。本文可分为四个部分：第一部分：界定了权利穷竭和平行进口的概念。第二部分：主要论述了我国商标权利穷竭的合理性和必要性。第三部分：通过对国际贸易中的商标权权利穷竭的分析研究,对相关国家诸如(美国、欧盟、日本)的商标权穷竭的规定和相关案例作了论述。第四部分：提出了在我国应如何构建商标权权利穷竭制度。
[Abstract]:Among the many systems of trademark law, the exhaustion of trademark rights is one of the most important systems, which to some extent relates to the balance of the interests between the trademark owners and the public. Many developed countries, such as Japan, European Union, United States and so on, have very clear regulations on the exhaustion of trademark rights. Among them, although the exhaustion of trademark rights in different countries and regions may have different scope of validity and different policies and regulations, However, the importance of the exhaustion system of trademark rights is still very important in trademark legislation. Comparing with the developed countries such as Europe and America, the regulations in the field of exhaustion of trademark rights in China are still blank. With the rapid development of the world economy and the accelerated pace of trade liberalization, it is urgent to build up the exhaustion system of trademark rights and rights as a growing emerging economic power. Only in this way can the conflicts of interests between the trademark owners and the public be solved better and the problem of parallel import of trademark goods can be better regulated. This is the purpose and significance of the research on this subject. This paper can be divided into four parts: the first part: defines the concept of exhaustion of rights and parallel import. The second part mainly discusses the rationality and necessity of exhaustion of trademark rights in China. The third part: through the analysis and research on the exhaustion of trademark rights in international trade, this paper discusses the provisions and relevant cases of the exhaustion of trademark rights in related countries such as the United States, the European Union and Japan. The fourth part: put forward how to construct the exhaustion system of trademark right in our country.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.43
本文编号：2216413
[Abstract]:Among the many systems of trademark law, the exhaustion of trademark rights is one of the most important systems, which to some extent relates to the balance of the interests between the trademark owners and the public. Many developed countries, such as Japan, European Union, United States and so on, have very clear regulations on the exhaustion of trademark rights. Among them, although the exhaustion of trademark rights in different countries and regions may have different scope of validity and different policies and regulations, However, the importance of the exhaustion system of trademark rights is still very important in trademark legislation. Comparing with the developed countries such as Europe and America, the regulations in the field of exhaustion of trademark rights in China are still blank. With the rapid development of the world economy and the accelerated pace of trade liberalization, it is urgent to build up the exhaustion system of trademark rights and rights as a growing emerging economic power. Only in this way can the conflicts of interests between the trademark owners and the public be solved better and the problem of parallel import of trademark goods can be better regulated. This is the purpose and significance of the research on this subject. This paper can be divided into four parts: the first part: defines the concept of exhaustion of rights and parallel import. The second part mainly discusses the rationality and necessity of exhaustion of trademark rights in China. The third part: through the analysis and research on the exhaustion of trademark rights in international trade, this paper discusses the provisions and relevant cases of the exhaustion of trademark rights in related countries such as the United States, the European Union and Japan. The fourth part: put forward how to construct the exhaustion system of trademark right in our country.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.43
【参考文献】
相关期刊论文 前1条
1 严桂珍;;关于界定“平行进口”依据的探究[J];政治与法律;2008年01期
，本文编号：2216413
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