The so-called exhaustion principle, also known as exhaustion principle and first sale principle, is a typical system to restrict the exclusive right of intellectual property. Refers to the intellectual property products manufactured by the intellectual property owner or his authorized person. After being put on the market for the first time, the creditor loses further control over it within a certain geographical scope, and it is deemed that the creditor's rights have been exhausted.

The principle of exhaustion of rights has different contents in copyright law, trademark law and patent law, but it has certain * * *. To sum up, there are the following points:

1, the particularity of the exhaustion of rights project

The exhaustion of intellectual property rights refers to the exhaustion of specific rights, not the exhaustion of ownership. The first thing that is exhausted is not personal rights, but property rights; Secondly, it is not the property right, patent right or trademark right of the work itself that is exhausted, but its sub-item, that is, the specific rights related to the sale or use of the product in the right group. Exhaustion right is a specific right related to commodity circulation and buyer's use, which is clearly stipulated by law.

2. Exhausting the specificity of the object

The so-called specificity of the object of exhaustion of rights means that exhaustion of rights is aimed at every specific product legally put into the market, not all products in the same category or series, and it will not lead to the suspension of the effectiveness of intellectual property itself. The obligee still enjoys the exclusive right to the products that have not been put on the market or illegally put on the market, and no one may copy the knowledge products without permission.

3. Specificity of exhaustive scope

The exhaustion of intellectual property rights has regional characteristics. Generally speaking, the right holder's putting his intellectual property products in one country will not lead to the exhaustion of his products in other countries. Therefore, the obligee still has the right to prohibit others from importing products with intellectual property rights without permission. It can be seen from the above characteristics that the principle of exhaustion of rights is undoubtedly a huge restriction on the exclusiveness of intellectual property rights.