Intellectual property rights such as copyright exhaustion principle

There are many writers now (including many online writers), and for writers, copyright is very important. What does the exhaustion principle of Intellectual property rights such as copyright mean? Are there any relevant provisions in the law? Now the editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

Intellectual property rights such as copyrights, the principle of exhaustion of rights

The principle of exhaustion of rights is also called the principle of exhaustion of rights and the principle of exhaustion of rights. It is a unique principle in intellectual property law. This principle means that once the intellectual property owner or licensee puts the intellectual product into circulation legally, some or all of the exclusive rights of the original intellectual property owner will be exhausted.

First of all, the principle of exhaustion of rights only applies to intellectual property rights, and varies depending on the applicable objects. And it only applies to exclusive intellectual property rights, such as patents, trademarks, copyrights, etc., and does not apply to anti-unfair competition that are also intellectual property rights.

The purpose of the principle of exhaustion of rights is to enable intellectual products, as the property owners of the products, to have the right to reuse and sell the items after they enter the circulation field, thereby achieving " The purpose of making the best use of everything.” Once the principle of exhaustion of rights is applied, the exclusive right of the intellectual property owner will be restricted. However, as an objective standard of conduct, anti-unfair competition does not have the problem of limiting exclusive rights, and there is no need to apply the exhaustion of rights.

Secondly, the principle of exhaustion of intellectual property rights mainly refers to the exhaustion of active utilization rights. After the right holder engages in relevant utilization activities, as the owner of the intellectual product, he has the right to reuse the items. Within this scope, the intellectual property right holder (including the real right holder, authorized person, successor, etc.) waives the right to reuse the item. the subject matter, and thereby waives the exercise of certain negative prohibition rights on the subject matter.

The principle of exhaustion of rights is an important principle in intellectual property law.

This principle is based on the balance between private interests and social interests, and its direct theoretical basis is the return of economic benefits. It is widely recognized in the traditional intellectual property field and is used to analyze parallel import issues in international trade. Combined with the regional characteristics of intellectual property rights, it has produced two theories: domestic exhaustion of rights and international exhaustion. The international exhaustion theory is used to support parallel imports. Although the theory of exhaustion of rights is closely related to parallel imports, it cannot be completely used to judge whether parallel imports infringeright.

The above are detailed answers to issues such as the principle of exhaustion of copyright rights. I hope it will be helpful to everyone. Among intellectual property rights such as patents, trademarks, and copyrights, intellectual property rights After it is legally placed in circulation, some or all of the exclusive rights owned by the original intellectual property rights holder will be exhausted. If you or your family members or friends have a complicated situation and need legal services, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.