| Summary: | 碩士 === 國立臺北大學 === 法律學系一般生組 === 96 === Since the 70’, with the globalization and technology advancement, multinational companies have been gathering speed in accumulating their fortunes. While the degree of dependence among countries has been increasing, the monopoly of knowledge and technology plays an important role in the country’s competitiveness. The copyright is not only a law but becomes a policy which enforces competitiveness and adaptation to the revolution of world economy.
The motivation of this study is to discuss the “should be” in related to the legislation and theoretical basis from the perspective of conflict of law with the focus on the exhaustion of distribution rights, whether we should adopt global exhaustion or domestic exhaustion.
This study will also review the existing copyright and related regulations of R.O.C and difficult situation we are confronting in the global market. The purpose is through the discussion, to enhance the awareness of exhaustion of distribution rights in the highly global environment.
The scope of study is to focus on the exhaustion of distribution rights. First, we will introduce the concept of distribution rights of the copyright owner, such as the definition of distribution rights and its influence. Second, we will present the legislation of distribution rights in the international treaty, also review the distribution rights of R.O.C. Third, we will further discuss the exhaustion of distribution rights. The thesis not only focuses on the parallel importation of copyrights but also discuss the related legislation of other countries and the famous cases.
The study proves that we adopt the domestic exhaustion of the parallel importation of copyrights. The reason is the myths of jus soli from conflict of laws and pressure from other countries. We are often facing the difficult and unfair situation; our legislation of copyrights is interfered by United States. In reality it is hard to change. From the theoretical basis, jus soli may not necessarily result in the prohibition of parallel importation. It all depends on the country’s policy whether the importation of copyright is allowed. The global exhaustion can contribute to the economic and cultural development.
Moreover, in view of the globalization, the free trade has become the trend. It is without argument that global exhaustion should be adopted to promote the cross-border merchandise movement.
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