The Study On Exhaustion Of Copyright

After the copyright commodity has been put into the market with the agreement of the copyright propietor, The copyright propritor loses the control power on where in will be sold and how it will be used in accordance with the devolopment of copyright commodity trade, exhaustion of copyright causes great controversy in the field of copyright and intellectual property because the two important law characters of the traditional copyright are influenced after the proposition is pesed. The two characters are: 1. Exclusiveness(monoply nature). According to the principle of the "exclusiveness", anyone else is forbidden to sell or use the copyright commodity without the agreement of copyright proprietor, otherwise, it belongs to the behavior of infringement. But according to the principle of "exhaustion of copyright", the buyer has a freedom to deal with the copyright commodity after he or she owns it legally, then the copyright proprietor can't control it any more. 2. Region character, (independent character). In accordance with the "Region Character", the protection degree for any works and the judical remedy way for the right of the author can be applied to the law of the offerer country. Therefore, importing the copyright without being authorized by the copyright proprietor's country constitutes infrigement. But in line with the principle of "exhaustion of right",any work having received agreement from the author or other copyright proprietor then sdd in one country's markets, can be retailed and resold in any way and will not constituite infringement. Furthermore, the author and other copytight proprietor have no right to interfere. At last, the parallel import of the copyright commodity becomes legal. Parallel import can be defined as follows: In international trade if a copyright receives international protection or nations' bilateral protection, the third party can take the copyright commodity as freely importing trade commodity and sell the copyright commodity even without the agreement of the copyright propretor.Each country has different attitude on copyright. Some countries recognize it, but some countries don't just carrying it out as a prnciple in the practice. And some countries oppose it definitely by law. Most countries neither make it clear in law nor carry it out as a basic pmciple. Because of the complex of the copyright, most related universal copyright conventions don't make any stipulation to it, and the most important international convention at present "Agreement on Trade Related Intellectual Copyright" which offers protection to intellectual copyright directly provids evasion to it, showing the complex of the problem, That means each country should settle the problem by itself.The copyright law in our country has no related stipulation on exhastion of copyrght, which has not been given enough attention by the people. But the problem on exhaustion of copyright has arisen in our country. With the development of intertnational econmic integration and freedom of trade, our country accelerates the course to enter the World Trade Organization, which will inevitably give rise to the problem of parallel import. The parallel import is actually most complicated. In the exhaustion of copyright. The present study on copyright and theIVcomplicated problem about parallel import is mostly confined to the introduction of the basic knowledge, or gives more emphasis to excavate and prove the negative effect. In this thesis, the author tries to make a multidimensional synthetical study on the theory and practice of the exhaustion of copyright from the angle of economics, law (jurisprudence, civil law, copyright law and comparative jurisprudence) and the synthetical subject of economics and law, that is, law economics.The whole thesis is divided into three parts: The first part mainly analyse the exhaustion of copyright and its law character. The proposition on the exhaustion of copyright is a great challenge to the copyright law character in traditional copyright law. Therefore, it is necessary...