Research On The Establishment Of The Resale Right System In China

Since 1920,when France coined the term "resale right system" and protected it as a legal right,more and more countries have accepted and introduced the resale right system.Since the 1990s,some scholars in China have begun to study this system,and the legislator has also realized the importance of creating a resale right system in China’s copyright legal system,and has mentioned the creation of a system of recourse in the draft amendment to the Copyright Law and the draft proposal several times,thus the academic community has never stopped discussing the resale right system.This article traces the origins of the resale right system and summarises the reasons for its emergence.On this basis,the focal points of the debate and the difficulties in the introduction of the resale right system are sorted out,the differences among them are clarified and the understanding of the right of recourse is deepened.This is followed by a discussion of the necessity and feasibility of creating a system of retroactivity in China.Finally,the historical and existing representative systems of retrospective rights are taken as references and combined with the actual situation in China to provide a clearer direction for the design of the specific system and the construction of the supporting system for the creation of a resale right system in China,so that the introduction of a resale right system in China is practicable.In the concluding remarks,the paper provides a more comprehensive overview of this thesis and clearly indicates the attitude of this paper in favour of the creation of a resale right system in China.