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权利穷竭原则是知识产权法中一项重要原则,历来在不同国家和地区的法律中均有不同规定。鉴于目前我国知识产权发展现状,特别是不同类型著作产权案例的涌现,对权利穷竭原则在著作权中如何理解成为一种必要。虽然学者对此观点不一,但笔者认为,权利穷竭原则可区分绝对权利穷竭与相对权利穷竭,并可结合不同权利予以理解。
The principle of exhaustion of rights is an important principle in intellectual property law that has traditionally been subject to different provisions in laws of different countries and regions. In view of the present situation of intellectual property development in our country, especially the emergence of cases of property rights of different types of works, it is necessary to understand how the principle of exhaustion of rights is contained in copyright. Although scholars have different opinions on this point, the author believes that the principle of exhaustion of rights can distinguish between the exhaustion of absolute rights and the exhaustion of relative rights and can be interpreted in combination with different rights.