What does parallel import mean in the patent law?

Generally speaking, parallel import refers to the import of products put into other countries or regions by importers to the countries or regions where the intellectual property rights holders or exclusive licensees are located without the authorization of the relevant intellectual property rights holders or with their consent.

First, imported products involve specific intellectual property rights;

Second, the imported products have legal sources, that is, the obligee or the person with his consent puts them into the market of the exporting country or region. Therefore, such goods are also called "genuine";

Third, parallel imported products compete with original intellectual property products at low prices in importing countries or regional markets; Fourth, the importing country or region has relevant obligees who oppose parallel import.

"Parallel import" involves the following categories of related rights holders:

1. The same person enjoys intellectual property rights in the importing country or region and the exporting country or region, and the intellectual property right holder (or licensee) distributes related products in the importing country or region and the exporting country or region at the same time. This is a form in a strict sense, and the rights involved include the intellectual property owner and the licensee.

2. The relevant intellectual property rights of the importing country or region and the exporting country or region are respectively enjoyed by different enterprises (such as parent company and subsidiary company, or different subsidiaries) linked by a certain company relationship according to the contract. The rights holders involved include the owners of intellectual property rights in importing countries or regions and exporting countries or regions. Parallel import can take many forms and be described in different ways.

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