Принцип вичерпання права як підстава обмеження правомочності власника об'єкта інтелектуальної власності

Abstract

In this article a principle of exhaust­ing rights on the objects of intellectual property, which has been used in the European countries, is examined. In the legislation of number of countries for dispute resolution between owners of in­corporeal rights and trade organizations and distributors have introduced a principle of exhausting rights on the objects of intellectual property which notably restricts the owner of the result of in­corporeal rights. The main point of this principle is that after the first legal sale with the commercial purpose the owner of the intellectual property objects can’t control a further dissemination of given result in the European Union. In the Ukrainian legislation the given prin­ciple is applied only on the Ukrainian territory. Unfortunately in the national legislation the legal regulation of rela­tions connected with the application of this principle is not clearly defined that it leads to certain difficulties with its practical application.