On The Exhaustion Of Ip Rights System Perfect

Intellectual property rights exist in every link of the circulation of its carrier for the universality.We should concern that the free circulation of IP commodity will be delayed and the spread of technology and culture will be limited if we fulfill the demands of IP rights holder absolutely. The purpose of Right Exhaustion Doctrine is to reach a balance between the society benefits and the personal benefits. It makes restrictions on the monopoly rights of IP rights holder when there has a conflict about the IP right and the owner right. The doctrine controls the relationship between the circulation of IP commodity and the IP rights which the commodity carried. It makes a legal regulation on the rights and obligation of the two sides. This article makes a detailed research on the Right Exhaustion, with an emphasis on the main areas of IP rights-copyright, patent right and trademark right.In China, due to the short history, coupled with long-term implementation of planned economy and market economy developed, Exhaustion rights arose in the practice of parallel imports and the issue is still rare, the legal provisions of this little, little of this theory. There are research results, the most basic of intellectual property rights Exhaustion knowledge, and a system of rights Exhaustion few specialized research; And the existing research, its presentation and basic knowledge on the parallel importation of goods Most of the problem is in accordance with the general view of its negative focus on digging excavation and demonstration, so China is the only modifications in the provisions of the patent law prohibiting unauthorized imports of patented products (both parallel or not), the Copyright Law and Trademark Law were not home this term. However, along with the continuous deepening of economic globalization and the rapid development of international trade, the flow of goods both at home and abroad increasing, trade and judicial practice will inevitably encounter rights exhaustion and parallel imports. For this purpose, all-round, multi-level study of the basic rights of exhaustion theory, the legal system and practical problems meaning.Chapter 1: "perfect the system of intellectual property rights Exhaustion significance." The first paragraph of intellectual property rights Exhaustion of the system outlined that the theoretical basis of their existence(The so-called right of exhaustion system, it means the intellectual property owner or person having authority from the manufacture of intellectual property products, in the first put on the market, the rights of its people that is the further loss of control over the rights of the rights shall be deemed to exhaustion, a Exhaustion), And summarized its three properties (exhaustion of the right to the specific, the specific targets of Exhaustion, the specific scope of exhaustion), then expounded Exhaustion system of intellectual property rights in the West developments, concluded that a sound intellectual property rights Exhaustion the significance of the system(Exhaustion embodies the intellectual property rights of proprietary intellectual property rights and anti-monopoly nature of the intellectual property rights of exhaustion so that intellectual property law and an anti-monopoly law has converge).Chapter 2: "Current system of intellectual property rights Exhaustion inadequate in china." Firstly, it described in this paragraph Exhaustion system of intellectual property rights in China's development(In China's intellectual property laws, there was no clear Exhaustion rights provisions, but the provisions are related to violations of the rights embodied the spirit of Exhaustion), and summarized its intellectual property rights exhaustion in the three areas of its manifestations. Secondly, it proposed Exhaustion existing intellectual property rights system deficiencies in china(In the "Copyright Law", none of the rights of the copyright issue Exhaustion sightings; "Trademark Law" no trademark rights exhaustion requirement; Patent law has only involved).Chapter 3:" The basic ideas of exhaustion perfect system of intellectual property rights in China." The first paragraph of the common law as a representative of the Western countries Exhaustion system of intellectual property rights legislation were introduced with the assessment, summed up Western countries advanced legislative experience; Then learn from other countries advanced on the basis of legislative experience, from the overall planning (based on their national conditions: My knowledge is an autonomous property rights not to the advantage of developing countries, but production is a great potential intellectual property countries; China has become a WTO member, China's opening to the outside world into the same direction on trade liberalization have become the value of the domestic economic field choice; parallel imports and the problems brought about by the pressure will increasingly highlights. weigh all factors: the integration of the relevant market; different types of intellectual property law attributes and functional distinctions) and the specific systems design (copyrights, patents and trademarks) two aspects to improving China's intellectual property rights system Exhaustion basic concept.