Exhaustion doctrine's definition

The system of exhaustion of rights should have an accurate definition of its connotation and scope of application, otherwise it will cause improper damage to the interests of the obligee. This paper expounds the author's understanding and views on the exhaustion system of intellectual property rights from three aspects: copyright, patent right and trademark right. Exhaustion doctrine doctrine's principle of one-time exhaustion of distribution rights and first sale.

Intellectual property is an exclusive civil right, which, like ownership, has the characteristics of exclusiveness and absoluteness. [i] But at the same time, in order to prevent this monopoly from becoming an obstacle to social progress and development, the intellectual property system, while safeguarding the exclusive rights of creators, also imposes necessary restrictions on them to coordinate the interests of creators, communicators and users representing social interests. The exhaustion system of intellectual property rights is a typical system to restrict exclusive rights.