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| exhaustion doctrine ： ウィキペディア英語版 |
Exhaustion of intellectual property rights
The exhaustion of intellectual property rights constitutes one of the limits of intellectual property (IP) rights. Once a given product has been sold under the authorization of the IP owner, the reselling, rental, lending and other third party commercial uses of IP-protected goods in domestic and international markets is governed by the principle.〔(【引用サイトリンク】title=International Exhaustion and Parallel Importation )〕
== Overview ==
After a product covered by an IP right, such as by a patent right, has been sold by the IP right owner or by others with the consent of the owner, the IP right is said to be exhausted. It can no longer be exercised by the owner.〔 This limitation is also referred to as the "exhaustion doctrine" or "first sale doctrine".〔 For example, if an inventor obtains a patent on a new kind of umbrella, the inventor (or anyone else to whom he sells his patent) can legally prohibit other companies from making and selling this kind of umbrella, but can not prohibit customers who have bought this umbrella from the patent owner from reselling the umbrella to third parties. There is a "fairly broad consensus" throughout the world "that this applies at least within the context of the domestic market".〔 This is the uncontroversial concept of "national exhaustion". However, "()here is less consensus as to what extent the sale of an IP protected product abroad can exhaust the IP rights over this product in the context of domestic law."〔 This is the concept of "regional exhaustion" or "international exhaustion". The rules and legal implications of the exhaustion largely differ depending on the country of importation, i.e. the national jurisdiction.〔〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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