| With the development of international trade,the process of international integration of the world has been accelerating.The exchanges and cooperation between state-to-state are no longer confined to trade in goods only,for more are technological exchanges and cooperation.Correspondingly,international trade legislation initially only trade in goods reach to the International Convention for the evolution of today's World Trade Organization(WTO) under the framework of the legal system,including trade in goods,trade in services,a series of detailed technical trade agreement of the Convention.Today,in the area of trade disputes technology also focus on the protection of intellectual property,especially the intellectual property restrictions on the exercise of powers,"Exhaustion rights" has become the most controversial among a wide range of issues,This paper attempts to move to the "Exhaustion rights" to do in-depth research on the theory,identify their original meaning and understanding for beginners and the deviation of the intellectual property rights in view of their importance in international trade to solve this contradiction method.China's intellectual property legislation started very late,a part of the relevant legislations are established on the basis of the foreign experience,"Exhaustion rights" is from the introduction of foreign countries directly.Based on the information in both English and Chinese research and analysis,the author of "Exhaustion rights" I have done a thorough and meticulous study and study,and found that in "Exhaustion rights" the "exhaustion" in the expression is not to be the elimination of intellectual property rights,this is different from the semantical "exhaustion".The original "exhaustion rights" was translated by the English "Exhaustion Doction" directly.We found that the essence of the "exhaustion rights" principles would like to express the empowerment of the exercise of intellectual property rights restrictions,intellectual property rights is a form of restriction,but in the translation,there are some deviations.Since the literal let people have so much misunderstanding,why not we address this issue in the source,I boldly put forward: it should be referred to as "the right to resale restrictions"? People know its meaning at a glance,and the principles defined status in the entire intellectual property rights. Intellectual property rights are an exclusive right to be strictly regional,Whether to limitate it as well as how to limit the extent depends on the country's intellectual property rights legislation,But its unlimited expansion will inevitably bring about the negative impact on trade,and even cause unfair competition,the most prominent is the issue of parallel imports,With the acceleration of the process of economic integration as well as the depth of the development of international trade,intellectual property rights,the issue of parallel imports in international trade has increasingly become an inevitable phenomenon.Therefore,we should restrict the re-sale of products containing intellectual property necessaryly,but countries based on the national economic interest,in the treatment of intellectual property rights on the issue of parallel imports insist different attitudes,making the parallel import trade disputes frequently.To address this fundamental problem,I believe that it should be on the start from the origin of "exhaustion" with a correct grasp,to see what powers are restricted.On this basis,what kind of attitude that countries take on restrictions on the intellectual property rights depends on the interests of all countries and policies.For China,although the amendment to the Patent Law franchise the right to import restrictions,but didn't clearly defined "the right to resale restrictions",nor the issue of parallel imports clearly.I think it is necessary to do adequate research on other countries as well as international requirements,with a view to contribute to perfect the relevant system for the future of our country. |
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