Research On The Theory Of Exhaustion Of Intellectual Property Rights

With the development of international trade, as well as the international protection of intellectual property is strengthened ceaselessly, the contradiction between intellectual property barriers and trade liberalization becomes increasingly prominent. The exhaustion of rights doctrine, as the limitation against IPR, balances interests between IPR holder and the public. But at present, there are significant differences on theory and judicial practice around the world, the international community has no consensus on the exhaustion of rights doctrine,hence, attention and research on the exhaustion doctrine has become an urgent task.This article starts from traditional civil law on rights and the basic theory of IPR, and carries on the elaboration and analysis by means of comparative law research method on the exhaustion of rights and parallel import, and makes some advice on legal system construction of the exhaustion of rights in China. The article is divided into the following sections:In the first part, the features or legal characteristics of the intellectual property were analyzed, these features are so discussed because this is the premise can not bypass before any discussion on the exhaustion of rights. An in-depth analysis of the legal characteristics of IPR helps identify the source of disputes on the exhaustion of rights. Following that, the meaning and the reasons come the exhaustion doctrine were analyzed, and concludes that the exhaustion of rights is the limitation of intellectual property rights.The second part justifies the rationality of the exhaustion of rights, from the angles of jurisprudence and economics respectively.following that, in the third part,the application scope of the exhaustion of rights doctrine is analyzed, the analysis concludes that exhaustion of rights shall be international. At the same time, issue of parallel import is also analyzed as this issue is closely related to the the exhaustion of rights, the full analysis and critique on the territoriality principle and import right further supports application of international exhaustion in the issue of parallel import.The fourth part carry on the comparative analysis on the legal systems of the exhaustion of rights and parallel import around the world. And China’s current legal provisions and judicial practice, and then put forward suggestions for perfecting the exhaustion of intellectual property rights system in China.