论著作权法中的权利穷竭制度-法律专业毕业论文.docxVIP

V万方数据 V 万方数据 parallel import in the field of copyright. The parallel import in copyright law has been an important aspect about all countries and international intelligent property right lawmaking and relates to the benefits of the foreign trade and economic development in China. The third chapter mainly makes a comparative study on the stipulations and related legal practices of foreign countries about exhaustion of copyright. Thought the analysis of exhaustion of copyright in different countries, China can perfect the law of exhaustion of copyright by the lessons from other countries. Then the last chapter is about how to improve the exhaustion of copyright in China. The copyright law in our country has no related stipulation on exhaustion of copyright, which has not been given enough attention by the people. Although China has kept off the ages of no laws to be depended, it is still not good enough on the copyright law especially the system of exhaustion of copyright. Exhaustion of copyright is on the bases of the balance of interests between the author and society, and it is the law adjustment between the free movement of copyright commodity and copyright protection clash. The exhaustion of copyright is the important embodiment in copyright law by not abusing rights. With the development of science technique and comprehensive national strength, it is inevitable to improve the system of exhaustion of copyright in legislation of Chinese copyright. And it is suggested that the provision of the system of exhaustion of right of copyright be included in the section of limit of right to improve the copyright law. Key Words: Exhaustion of copyright; Equilibrium of interests; Parallel import. PAGE 10 PAGE 10 万方数据 目 录 前 言 1 第一章 著作权穷竭制度的基本理论 7 第一节 著作权穷竭制度的内涵 7 一、著作权穷竭制度的历史发展 7 二、著作权穷竭制度的涵义与特征 9 第二节 著作权穷竭制度的理论基础 13 一、著作权穷竭制度的本质分析 13 二、著作权穷竭制度的合理性探讨 14 第二章 著作权穷竭制度的适用 19 第一节 著作权穷竭制度适用的权利效力范围与规则 19 一、著作权穷竭和发行权 19 二、著作权穷竭和出租权 21 三、著作权穷竭和数字作品