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长期来,知识产权的地域性理论,成为禁止平行进口的依据。但目前由于对权利用尽原则的认同和运用,普遍认为,知识产权所有人在首次售出产品并获利润后,没有理由再阻止产品的进一步流通;同时,随着自由贸易和世界经济一体化的发展进程,消除利用知识产权等设置的贸易壁垒已成为各国的一致呼声,因此,平行进口须获得应有的法律地位。我国的进出口贸易中也将越来越频繁地出现平行进口问题,由此而来的法律争议也将增多,立法和司法部门必须及早准备相应的解决办法。
In the long run, the regional theory of intellectual property has become the basis for prohibiting parallel imports. However, due to the current recognition and application of the principle of exhaustion of power, it is generally believed that there is no reason for the owner of intellectual property to stop the further circulation of products once the owner of the intellectual property is first sold and profitable. Meanwhile, with the free trade and the integration of the world economy The process of development and the elimination of the trade barriers set by the use of intellectual property rights have become the unanimous voice of all countries. Therefore, parallel imports must obtain due legal status. Parallel imports will also become more and more frequent in China’s import and export trade. The resulting legal disputes will also increase, and the legislative and judicial departments must prepare corresponding solutions as soon as possible.