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随着经济全球化和国际贸易化趋势的加强,商品在国家之间的运输成本不断降低,妨碍商品流通的关税壁垒逐渐减少,平行进口的重要性逐渐突出。国内外有关平行进口的理论研究很多,但达成共识的却很少。本文通过对平行进口问题研究文献的梳理,对平行进口的定义、权利用尽原则与地域性原则的冲突和平行进口行为的合法性这三个问题进行探讨并提出自己的主张。
Along with the trend of economic globalization and international trade, the transportation costs of goods between countries have been declining. Tariff barriers that impede the flow of commodities have gradually decreased. Importance of parallel imports has become increasingly prominent. There are many theoretical studies on parallel imports both at home and abroad, but few have reached consensus. This paper explores and puts forward my own views on the three issues of the parallel import study, the definition of parallel imports, the conflict between the principle of exhaustion of rights and the principle of regionalization and the legitimacy of parallel import.