There are many second-hand books for sale on Taobao. Does this infringe on intellectual property rights?

If these second-hand books are genuine, they will not infringe intellectual property rights if they are sold as second-hand books again.

Because there is a principle of exhaustion of rights in intellectual property law, which means that after the book was first put on the market, the original intellectual property owner’s property rights to the book have been exhausted. The disposition of the person who lawfully acquires the book is a free disposition of his property.

In addition, from another perspective, the publication and sale of a book by the copyright owner and the purchase of a book by the buyer do not mean the transfer of intellectual property rights, as long as the seller is still selling the same intellectual property rights. The carrier does not count as infringement.

Extended information:

Liability of intellectual property rights

Intellectual property infringement is a special kind of civil infringement, Article 106 of the General Principles of Civil Law of China It stipulates the fault principle for bearing civil liability and the no-fault principle for assuming civil liability according to law without fault. Although the General Principles of the Civil Code promulgated in 1986 officially used the legal term "intellectual property" for the first time

"National Intellectual Property Strategy", it has also been subject to plagiarism and plagiarism of copyrights, trademark rights, patent rights, etc. Those who have suffered infringements such as tampering or counterfeiting have the right to request a cessation of the infringement, elimination of the impact, and compensation for losses.

However, judging from these regulations and the "Copyright Law of the People's Republic of China" promulgated in September 1990 and amended in October 2001 and other enacted laws related to intellectual property rights, Basically, the principle of liability for intellectual property infringement is stipulated as the principle of fault liability, that is, the principle of "litigation of claims".

Intellectual property infringement only applies to the principle of fault attribution, which creates a conflict between legal provisions and trial practice, which is mainly manifested in three aspects:

First, it is a civil infringement; The principle of liability for civil infringement cannot be universally applied;

The second is that legal principles are inconsistent with trial practice, which restricts the legal protection of intellectual property rights;

The third is that the right to claim in property is separated The relationship with the debt's claim puts the judge in a dilemma in the adjudication of individual cases.

Baidu Encyclopedia--Intellectual Property Law