СOMPARATIVE STUDY ON JUDICIAL PRACTICES TOWARD PARALLEL IMPORTS OF EU, CHINA AND KAZAKHSTAN

Abstract

Parallel importation has drawn the attention of public with the increasing of free trade zone and rising of new model of business on the E-Commerce platform. In such a context, trademark infringement concerning parallel importation is gradually rampant. Determining trademark infringement in parallel importation focuses on how to decide the existence of «likelihood of confusion». The different elements involved in the judicial practices in Europe Union, China and Kazakhstan reflects the trend of legal convergence and divergence in the context of globalization. Judicial practices of European Court of Justice toward deciding «likelihood of confusion» in parallel importation coordinates conflicts between free trade and trademark protection, further specifies the types of confusion and makes the determination more flexible. Such flexibility offers theoretical and applicable references for China and Kazakhstan to deal with the new challenge of trademark protection on the premise of promoting unimpeded trade cooperation along «one belt one road».
Key words: parallel importationtrademark infringementlikelihood of confusion;judicial protection.