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Patented product repair and recycling , there are a large number of cases in the United States , Japan , but in China is still relatively new area for reference case few legal norms also far from perfect . Patented product repair , recycling distinction involves not only the rights of the exhaustion of the size of the theoretical scope of the main interests of patent holders , consumers and other parties involved , as well as industry competition , ecological and environmental protection issues . Of patented product repair , recycling distinction has important theoretical and practical significance . First by Canon recycled cartridges case leads to two questions: how to distinguish between repair and recycling as well as how to apply patent exhaustion theory , and analysis of the patented product repair , recycling problem , the distinction between the meaning that should be taken into account in the distinction between legal , policies , benefits and other factors . Next theoretical analysis of repair , recycling issues : first analysis of the validity of the patent , explicitly claims only repair or recycling behavior for protection within the part , and for the purpose of production and operation , have the distinction of necessary ; then focus discusses the distinction between the theoretical basis of the repair and recycling - rights principle of exhaustion and the default permission theoretical meaning and scope of , pointed out that the right of ownership of the patented product legally sold product repair , but the repair behavior there is a limit , not becomes equivalent to the re- production of a new product recycling . Related case studies , theoretical analysis , analysis of the The stand and academic point of view of the court of the United States, Japan and China on the distinction between repair and recycling . Finally , based on the previous theoretical analysis and case studies from two levels of the legislative, judicial proposed some suggestions to improve the patented product repair and recycling of the legal system : legislation should reasonably accurately define the concept of repair and recycling , to establish the principle elements constituting recycling ; judge the protection of patents and prevent the abuse of rights principle , the principle of balance of interests and economic benefits of the principle should be followed in dealing with such cases disputes .
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