商标平行进口中的“真品”研究

从“真品”概念的来源着手，结合有关国家的立法和实践，研究了“真品”的内涵和外延。真品是经商标权人许可生产的产品，包括进口国国内和国外所有经权利人许可生产的产品。平行进口涉及的真品是在国外经权利人许可生产的产品，该真品能否进口到国内要视进口真品与国内真品之间是否存在实质性差别而定。

Study on the "Authenticity" in Trademark Parallel Import

When speaking of parallel import, nearly all articles point out the imported commodity through parallel import ought to be authentic commodity. Yet what is exactly authenticity？ No one has ever given it some serious study. This paper first explores the sources of this concept of authenticity, and then combining with the legislation and practice of related countries it makes a study of the connotation and denotation of ＂authenticity＂. It is claimed in this paper that authentic commodities are those manufactured goods authorized by the trademark holder, including all the authorized products manufactured from both home and abroad. The authentic commodities involved in parallel import refer to those foreign products authorized to be manufactured by the right--holder. The import of the authentic commodities depends on whether there is real difference between imported authentic commodities and home authentic commodities.