Experts in Various Fields Discussed Parallel Importation Issue, INTA Round Table Successfully Held in Unitalen

August 4, 2010
On April 24, 2009, Changsha Municipal Intermediate People's Court ruled in favor of the French tire company Michelin against two local tire distributors marketing parallel-imported tires, confirming the nature of trademark infringement upon the right of its Chinese registered mark MICHELIN. It was a final ruling. This is a new trademark infringement case relating to parallel imports that was completed before a Chinese court since the LUX case in Guangdong and AN'GE case in Beijing.

At present, parallel imports have not been addressed by Chinese Trademark Law nor its Implementing Rules and other relevant laws and regulations. Accordingly, the law needs to be supplemented to cover the PI issue. With the continuous development of foreign trade, China will encounter more and more parallel importation issues. Therefore, legal regulation of parallel importation has become a hot topic.

In view of this, hosted by the International Trademark Association (INTA) and supported by Unitalen Law Firm and Unitalen Attorney at Law, a Round Table entitled “Law and Practice of Trademark-related Parallel Importation in China” was held successfully in Unitalen on July 30, 2010.

Representatives from INTA, General Administration of Customs and People’s Court, scholars from universities and more than 50 delegates from law firms and enterprises attended the Round Table held in a meeting room of Unitalen and discussed the legal issues relating to parallel imports.
Zu Kan, deputy director of Unitalen giving a welcome speech
Chen Min, chief representative of INTA China delivering a speech
As the co-sponsor, Deputy Director of Unitalen Zu Kan first made a brief speech, extending a warm welcome to leaders and experts attending the meeting; Subsequently, Chief Representative of INTA China Chen Min then addressed on behalf of INTA. As the Chair of INTA Parallel Imports Committee Asia-Pacific Subcommittee and organizer of the meeting, Ma Qiang, Partner of Unitalen presided over the Round Table and made a detailed analysis on the standing position of INTA on parallel importation issue.
Li Qunying, director of General Administration of Customs gave a specific introduction to Customs practices in parallel imports
Yu Hui, judge of Changsha Intermediate People's Court reasoning MICHELIN case
Ma Qiang, partner of Unitalen making a specific introduction to the standing position of INTA on parallel importation issue
Yan Guizhen, Professor of Tongji University making an analysis on legal regulation of parallel imports of China
Dr. Luo Zhenghong, Chair of INA Anti-Counterfeiting Committee China Sub-Committee making a speech 　　　　　　　　　　　　　　
Representatives of companies and law firms actively attending the meeting
Li Qunying, Director of Intellectual Property bureau of Policy and Regulation Department of General Administration of Customs, gave a specific introduction on customs practices on parallel importation and also made an in-depth analysis based on many parallel imports cases handled by customs, which aroused hot debate among participants. As a typical parallel imports case, Michelin case attracted a great attention and drew concerns from the IP circle. During the meeting, Judge Yu Hui, Chief Judge of IP Tribunal of Changsha Intermediate People's Court made a specific introduction and analysis on the facts and issues of the case, and reviewed the case proceedings and unscrambled factual and legal basis of ruling, making the participants have a more comprehensive understanding and recognition on this key case. Yan Gui zhen, Professor of Tongji University made an analysis on legal regulation of parallel imports in theory combined with her many years of research results and proposed personal point of view regarding cases of recent years for discussion.

In addition, Chair of Anti-Counterfeiting Committee China Sub-Committee of INTA Dr. Luo Zhenghong also made a comparison between anti-counterfeiting and parallel imports and exchanged communications with participants.

The Round Table brought together the renowned experts of parallel importation in various fields, in which different point of views and contentions provided us with a better understanding of parallel importation issue from different perspectives, and the debate aroused from different point of views was one highlight of the meeting. Lawyers and legal counsels spoke highly of the Round Table, deeming that the meeting brought together experts in various fields, which made in-depth discussions from different angles are exchanged. Thus the Round Table is meaningful in that it is not only helpful for better understanding and address of the PI related legal practice, but also beneficial for creating the atmosphere for case-based IP academic research.

　

Keywords