What does exhaustion of copyright rights mean
Once the copyright rights are exhausted, the copyright is no longer enjoyed.
The issue of exhaustion of rights occupies an important position in copyright law status. 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.
The principle of exhaustion of rights is also called exhaustion of rights and rights The exhaustion principle 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 You have the right to reuse and sell the item, so as to achieve the purpose of "making the best use of the item". 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 Exhaustion of active rights of exploitation. 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 aspect of intellectual property law. an important principle.
This principle is based on private interests and social interests The 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 are infringements.
In intellectual property rights such as patents, trademarks, and copyrights , after the intellectual property rights are legally placed in circulation, some or all of the exclusive rights owned by the original intellectual property rights holders are exhausted. If you or your family members or friends have a complicated situation and need legal services, the Legal Savior Network also provides online lawyers.Consulting services, you are welcome to provide legal consultation.
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