Exhaustion Doctrine and Acquisition in Good Faith

 

Title
Exhaustion Doctrine and Acquisition in Good Faith
Author
I-Ping Wang
Keywords
Exhaustion Doctrine, Rental Right, Distribution Right,
Ownership of a Copy, First Sale Doctrine
Abstract
It is mentioned in the two judgments of the Intellectual Property Court of Taiwan
that the exhaustion doctrine for the rental right depends on whether the holder
of the original work or lawful copy is owner. The ownership is determined in according
to the property law, so that the provision of gaining property with good
faith is also applicable for the exhaustion doctrine. Therefore, if the lawful copy is
available in the market without the agreement of the copyright holder, the holder of
the lawful copy will become owner and can sell the copy legally without gaining
the agreement of the copyright holder. This article will exam whether this explanation
is in line with the purpose to protect distribution right. Furthermore, in view of
the different legislation of the exhaustion of Copyright in Taiwan and Germany,
this article attempts to pursue the meaning and purpose of exhaustion doctrine and
makes some suggestions for the legislation and application of exhaustion doctrine.
Abstract Article

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