2003Journal of Shandong Teachers' UniversityRequires access

On the Exhaustion Doctrine on Intellectual Property Law

Zhang Yong-ai

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Abstract

Exhaustion doctrine is a fundamental rule in intellectual property law. It is based on the balance between the personal interests and social interests. Its direct theoretical basis is the theory of interests reward. It is widely accepted in the field of the traditional intellectual property and used to analyze the parallel import on international trade. Although the relation between exhaustion doctrine and parallel import is close,the exhaustion doctrine is not fully used to judge whether the parallel import will infringe upon somebody's rights.

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Exhaustion doctrine is a fundamental rule in intellectual property law. It is based on the balance between the personal interests and social interests. Its direct theoretical basis is the theory of interests reward. It is widely accepted in the field of the traditional intellectual property and used to analyze the parallel import on international trade. Although the relation between exhaustion doctrine and parallel import is close,the exhaustion doctrine is not fully used to judge whether the parallel import will infringe upon somebody's rights.

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Available abstract

Exhaustion doctrine is a fundamental rule in intellectual property law. It is based on the balance between the personal interests and social interests. Its direct theoretical basis is the theory of interests reward. It is widely accepted in the field of the traditional intellectual property and used to analyze the parallel import on international trade. Although the relation between exhaustion doctrine and parallel import is close,the exhaustion doctrine is not fully used to judge whether the parallel import will infringe upon somebody's rights.

Key concepts: Doctrine, Intellectual property, Balance (ability), Law and economics, Relation (database), Law, Property (philosophy), Balance of interests

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