On Exhaustion Of Exclusive Right

Exhaustion of exclusive right is the principle to settle the conflict between the real right and the intellectual property in course of circulation of commodities. After first sale, it is believed that the rational goal of the intellectual property has already been realized. And obligee has received the due payment. So the right to use and sell on the intellectual property products should be exhausted to benefit the development of the market economy. Exhaustion of exclusive right isn't the absolute elimination of right. And it's only a limit to intellectual property from the real right of products. In this state, intellectual property exists in no hindering the exercise of the real right. In a word, the essence of exhaustion of exclusive right is a rational restriction to the intellectual property. It is regarded as a peculiar principle in the intellectual property field. Now more and more scholars and judicial workers have paid close attention to it in our country, on one hand because it is closely related with the question of parallel import , on the other hand because it concerns a country's value choosing about how to balance the interests between the individual and the public .This article spoke of the exhaustion of exclusive right from its origin and development firstly. Then analyzed the reason why exhaustion of exclusive right was put up did not lie in the change of the social values, lie in the character of the intellectual property and the need to limit to intellectual property rationally.What is the essence of exhaustion of exclusive right? Scholars still have a great deal of disputes. On the basis of analyzing the reason why it was put up, this article make a reasonable definition to it and its composition by the...