Because there is a principle of exhaustion of rights in the intellectual property law, that is to say, after the book was first put on the market, the original intellectual property owner has exhausted the property rights of the book. The punishment of a person who legally obtains a book is a free punishment of his own property.
In addition, from another point of view, the copyright owner publishes and sells a book and the buyer buys a book, which does not mean the transfer of intellectual property rights. As long as the seller sells the same carrier of the same intellectual property rights, it does not belong to infringement.
Extended data:
Responsibility attribution of intellectual property rights
Intellectual property infringement is a special civil tort. Article 106 of China's General Principles of Civil Law stipulates the fault principle of civil liability and the no-fault principle of civil liability according to law. 1986 promulgated this general principle of civil law, although it is the first time to formally use the law of "intellectual property rights",
The title of the lecture on National Intellectual Property Strategy also stipulates that if copyright, trademark right and patent right are infringed by plagiarism, tampering or counterfeiting, they have the right to demand to stop the infringement, eliminate the impact and compensate for the losses.
However, judging from these provisions, the Copyright Law of People's Republic of China (PRC) promulgated by1September 1990 and revised by1year1October 2000, as well as other promulgated intellectual property laws, the principle of liability for intellectual property infringement is basically the principle of fault liability, that is, the principle of "action of creditor's rights".
Intellectual property infringement only applies the principle of fault liability, and there are conflicts between legal provisions and trial practice, mainly in three aspects:
First, both of them are civil torts, and the principle of imputation of civil torts cannot be universally applied;
Second, the contradiction between legal principles and trial practice restricts the legal protection of intellectual property rights;
Third, the relationship between property claim and debt claim is separated, which makes the judge in a difficult position in the judgment of a case.
Baidu Encyclopedia-Intellectual Property Law