judging whether parallel import infringes on trademark rights needs to be based on the legislative intent of the trademark law, and whether it destroys the function of the trademark is the criterion. On the basis of balance of interests, consider whether parallel import will damage the function of marking source and quality assurance of trademarks, and whether it will damage the reputation of trademarks.

Qi Xiangquan, a professor at the School of International Law of China University of Political Science and Law, pointed out that parallel import of trademarks is also called "grey market", which means that after the registered trademark holder produces and sells the goods with registered trademarks in one country (exporting country), a third person (importer) imports the goods into another country (importing country), and the registered trademark owner or other licensees also obtain the exclusive right to use the same trademark in that importing country. It should be noted that there is a prerequisite for parallel import, that is, the goods using registered trademarks must be put on the market for the first time by the trademark registrant himself or with his permission, and the channels for importing goods are legal.

So, does parallel import necessarily lead to infringement exemption? Qi Xiangquan said that there is no clear law in China at present. At the domestic law level, even in Article 52 of the Trademark Law and Article 5 of the Regulations for the Implementation of the Trademark Law, there is no such provision that importing foreign-made goods with legal trademarks is an infringement of the exclusive right to use trademarks. However, in the international treaties to which China is a party, the Trips Agreement itself avoids parallel import, and the exclusive rights of trademark owners on this issue cannot be inferred from this explanation.

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