On The Principle Of Exhaustion Of Rights

The exhaustion of rights doctrine is one of the most fundamental limitations on intellectual property rights. It provides, in general terms, that when an intellectual property right holder sells an article embodying those rights, they are exhausted with respect to that article. Thus, a purchaser can resell the article without being liable for infringement. The professional comments differ in different countries as well as the judiciary practices. TRIPS avoids these disagreements with adopting a neutral manner and has no request of the signatory countries with respect to this problem. The exhaustion doctrine not only concerns the fundamental issues about the legal features and the purposes of the intellectual property laws, but also has inextricable links with the parallel import arising in international trade. How to realize the balance between the society interest and the protecting of the right holder, meanwhile to keep the freedom of commodity circulation, is the significance of studying this subject.This article is divided into three parts in addition to introduction. Part 1 Historical StudyThis part introduces briefly the historical development of the exhaustion doctrine in the civil law system and the common law system fist of all, then reveals the ideological backgrounds at modern times. The import trade of goods with relating to the exhaustion doctrine in international trade is divided into different types. Some disputable questions are put forward at last. Part 2 Rationalism StudyThis part inquires into the legal features of the intellectual property rights in order to explain the reason why the exhaustion doctrine is underlined in this domain. On the bases of commenting on the existing theories and the deductive explain in the judiciary exercises, it's concluded that the objective fulfill of the intellectual property gives the reasonable support to the exhaustion doctrine.Part 3 Concrete StudyThis part discusses which rights should exhaust, then analyses the concrete issues in the exhaustion of copyright, patent and trade mark. Furthermore it comments on the geographic extent of the exhaustion of rights. It proves the rationalism of the international exhaust with the reason that the objective or function of intellectual property rights emphasizes the reward should be given to the right holder only one time . However the national exhaust neglect the complexity of the bundle of rights. It gives the unreasonable burden to the intellectual property rights to block parallel import. In fact the right holder can prevent the unfaire competition during the parallel import by the way of civil law and competition law.