Abstract

http://ssrn.com/abstract=2390232
 


 



The Implementation of Exhaustion Policies: Lessons from National Experiences


Shubha Ghosh


University of Wisconsin Law School

February 3, 2014

Univ. of Wisconsin Legal Studies Research Paper No. 1248

Abstract:     
The exhaustion doctrine is a corner stone of intellectual property law, its importance demonstrated by several recent United States Supreme Court decisions on the topic over the past several years, including the controversial Kirtsaeng opinion from 2013. This research paper, commissioned by the International Center for Trade and Sustainable Development (ICTSD) in 2013, analyzes the major policy debates over the exhaustion doctrine and presents a comparison of the doctrine's implementation in the United States, European Union, Canada, India, China, and Brazil. The major conclusion is that the exhaustion doctrine can serve as a policy tool for development and the promotion of international trade and innovation. But the paper also warns of the limitations of the exhaustion doctrine as a means of promoting access to new technologies.

Number of Pages in PDF File: 86

Keywords: Intellectual Property; International Trade; Comparative; Law and Development

JEL Classification: K33

working papers series





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Date posted: February 4, 2014 ; Last revised: February 13, 2014

Suggested Citation

Ghosh, Shubha, The Implementation of Exhaustion Policies: Lessons from National Experiences (February 3, 2014). Univ. of Wisconsin Legal Studies Research Paper No. 1248. Available at SSRN: http://ssrn.com/abstract=2390232 or http://dx.doi.org/10.2139/ssrn.2390232

Contact Information

Shubha Ghosh (Contact Author)
University of Wisconsin Law School ( email )
975 Bascom Mall
Madison, WI 53706
United States
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