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我国对海关在商标权平行进口产品执法的功能认识不足,相关海关立法也处于空白状态。考察美国商标权平行进口产品的海关立法,其做到了适应本国经济发展的需要,灵活区别对待各种不同情况的平行进口产品,实现了消费者、进口人与权利人的利益平衡。这种立法思路是可以借鉴的。我国应当考虑结合本国经济需要,确立准确的海关立法目标,并设计正确而合理的具体规则。
Our country does not have enough understanding of the function of the customs enforcing the law in the parallel importation of trademark products and the related customs legislation is in a blank state. Examining the U.S. legislation on the parallel importation of trademark rights, it has made it possible to adapt to the needs of its own economic development and to differentiate the parallel imported products flexibly in different situations and to achieve the balance of interests among consumers, importers and right holders. This idea of legislation is to learn from. Our country should consider combining the needs of its own economy, establishing an accurate goal of the customs legislation and designing specific rules that are correct and reasonable.