Study On The Application Of Exhaustion Of Rights In Design Patent Infringement

With the enhancement of awareness of IPR protection, the significant development and perfection of the design protection system, as the design patent infringement dispute cases are increasing,there have been more and more new problems appeared which demand prompt solution in the design protection practice, including the application of exhaustion of righes in design patent infrigement.Exhaustion doctrine is one unique principle of intellectual property rights law, in practice, often as a person in the cases of infringement of the use of a defense of means. Its function lies in the protection intellectual property rights domain in the rights and obligations order’s foundation realizes the value of fairness and justice. Both protecting the intellectual property rights person’s benefit, protecting them to carry on invention and creation the enthusiasm, and maintaining the benefit of consumer, realizing the principles of fairness in the market transaction, and this balanced condition, is advantageous in realizing the intellectual property rights final goal, namely to promote the development of the cause of science and culture, and promote economic development, to avoid the unfair competition in international trade, and promote the development of free trade.This article takes the patent infringement dispute of Sichuan Mianyang Fenggu Wine Business Limited Liability Company and the Santai County Luhu Brewery as the case, carries on the analysis to discuss the hot issue in the field of intellectual property rights.With the enhancement of people’s consciousness of intellectual property protection, enabled our design protection system to have the high development and the consummation, but the following design patent right infringement dispute case is also increasing, has the problem which in the design patent protection practice urgently need to be solved, including the problem of exhaustion right in the design patent right infringement.The body of the contents of this paper consists of three chapters:Chapter Ⅰ:The introduction. This chapter mainly introduces the basic contents of the case, standpoint of prosecution and defense and the controversial point of the case.Chapter Ⅱ:The theory for legal issues involved in the case through elaborating the concept of the design patent, patent infringement and exhaustion of rights.Chapter Ⅲ:The consideration triggered by the case. Some feasible proposals will be posed to improve legislation and right awareness.