Patented Product Repair And Recycling Research

With the improving of the people's concern about the intellectual property right, on one hand the patentee has strengthened the protection to the patent right, one the other hand the producers begin to be care of the manufacture and production of the product, in order to avoid infringing the patent right. In the developed country, the problem of whether the purchaser's action constitutes permissible repair or impermissible reconstruction is much common. But problem of "repair" or "reconstruction" is a brink of law in China, and there is none of a case can be reference nowadays, even more a systemic discuss in diverse aspect from different administrative levels. Therefore, this article has some disquisition about the problem of "repair" or "reconstruction" of patent production in order to explain the problem, hoping to have some referenced value.In the author's opinion, the purchaser of a patented product has the right to take some check and measure, restore, replacing accessory the measure and so on, in order to resume the use of the production, and make it achieve normal using life. But the ownership of a patented product does not include the right to make a substantially new product in commercial scale.The article divides four chapters.Chapter 1, It is the concept and composing important document about Reconstruction, and the distinguishing with other related concepts.Chapter 2, It mainly expatiates the legal beneficial analysis of patent production by analyzing the conflict of interest and scale of interest.Chapter 3, It mainly narrates the theoretical origin of patent production. It narrates what Patent exhaustion doctrine and Implied license act in the process of distinguishing Repair and Reconstruction.Chapter 4, It is review our existing and in process of rules mainly by conceiving about distinguishing Reconstruction with Repair and analyzing the relevant rules of our country.