On The Legal Construction Of Droit De Suite In China

The system of right of renewal has been accepted by more and more countries,regions and even international organizations since it was recognized and protected by French Copyright Law in 1920.The legislative organization included the right of renewal into the draft or proposed draft of the revision of the Copyright Law for many times because it also noticed the importance and necessity of the introduction of the right of renewal into China’s intellectual property system as Chinese scholars began to study the system of the right of renewal since the 1990 s.However,it is still not included in the Copyright Law,which has been amended for the third time,officially coming into force on June 1,2021 as the timing of legislation is not mature and the relevant supporting systems have not been implemented.It will be inevitable that the system of right of renewal will be incorporated into China’s intellectual property law system with the continuous improvement and perfection of China’s legal system although the content of the right of renewal is not stipulated in this amendment of the Copyright Law.This paper mainly focuses on the following contents to carry out research on the right of renewal: First of all,it describes the background and significance of the research topic,research status at home and abroad,research content and methods in the introduction part.It deeply analyzes the value of the right of renewal by elaborating the concept,characteristics and nature of the right of renewal based on the concept of right of renewal in the second part.On this basis,this paper makes comparative study on the legislative mode,subject of right,object of right and exercise of right in the extraterritorial right of renewal by deeply investigating the relevant provisions of the extraterritorial right of renewal,summarizes its similarities and differences to provide reference for the construction of right of renewal in China,and then demonstrates the necessity of introducing the right of renewal in our country by analyzing the realistic predicament of our country’s introduction of the right of renewal.In the last part of this paper,in order to achieve the legislative purpose of balancing the interests of the artists and dealers of works of art,it completes the legal construction of the right of renewal in China from the legislative model of right of renewal,the construction of specific rules and the improvement of the relevant supporting system of right of renewal.