Study On The Right Exhaustion Doctrine Of Copyright

After the copyright commodity has been put into the market with the agreement of the copyright proprietor, the copyright proprietor loses the control power on where it will be sold and how it will be used. Exhaustion of copyright is on the bases of the balance of interests between the author and society, and it is the law adjustment between the free movement of copyright commodity and copyright protection clash.Each country has different attitude towards exhaustion of copyright and makes different stipulation to it. Most developed countries recognize it and make it as a principle in law. Because of the complex of exhaustion of 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 Aspects of Intellectual Property Rights" provides evasion to it, which shows the complex of the problem and means each country should settle the problem by itself. The copyright law in our country has no related stipulation on exhaustion of copyright, which has not been given enough attention by the people. But the problem on exhaustion of copyright has arisen in our country. The development of international economic integration and freedom of trade will inevitably give rise to the issue of parallel import, which is actually most complicated. The present study on exhaustion of copyright and parallel import is mostly confined to the introduction of the basic knowledge, or gives more emphasis to excavate and probe the negative effect. In this thesis, the author tries to make a multi-dimensional synthetic study on the theory and practice of the exhaustion of copyright from the angle of economics and law (jurisprudence, civil law, copyright law and comparative jurisprudence).The whole thesis is divided into five chapters: the first chapter mainly analyzes the concepts and characteristics about copyright and exhaustion of copyright from different aspects. The second is about some theories related to the principle of exhaustion of copyright The third discusses the scope of validity of exhaustion of copyright, including the scope of validity of right and the scope of validity of space. The fourth mainly study the problem of parallel import in the field of copyright, which often appears in the practice of international trade. Then the last paragraph makes a comparative study on the stipulations and related legal practices of foreign countries. It is necessary to legislate the principle of exhaustion of copyright in our country.