It is not hard to sense it from interviews over the past two years with the drug multinationals that are struggling to find a way out by minimizing potential losses.
The IP owner has no idea of China’s attitudes towards parallel importation in the event of any occurrences, and can in no way foresee the outcome of the case.
Parallel importation involving intellectual property rights and the doctrine of exhaustion have evoked different theories from which no consensus has been achieved in national legislatures worldwide.
At present China’s Trademark Law, implementing regulations and other relevant laws don’t have explicit provisions on parallel importation, leaving statutory blanks in this regard.