Parallel Imports in a Global Market: Should a Generalised International Exhaustion be the Next Step?

European Intellectual Property Review, Vol. 33, No. 3, pp. 153-161, 2011

10 Pages Posted: 18 Feb 2011

See all articles by Enrico Bonadio

Enrico Bonadio

City University London - The City Law School

Date Written: February 1, 2011

Abstract

“Exhaustion of intellectual property rights” means that right holders lose the right to control the resale of the protected goods. Without an exhaustion doctrine IPR holders would perpetually exercise control over the sale, transfer or use of the relevant goods, and would have a grip on commercial relations.

Article 6 TRIPs leaves WTO member countries free to adopt national, regional or international exhaustion regimes. After highlighting the benefits and costs stemming from the different types of exhaustion, the author argues that only international exhaustion is consistent with the spirit, provisions and targets of the WTO multilateral trading system and should therefore be imposed to all WTO countries.

Keywords: Intellectual Property, Parallel Imports, TRIPS, WTO

Suggested Citation

Bonadio, Enrico, Parallel Imports in a Global Market: Should a Generalised International Exhaustion be the Next Step? (February 1, 2011). European Intellectual Property Review, Vol. 33, No. 3, pp. 153-161, 2011 . Available at SSRN: https://ssrn.com/abstract=1762900

Enrico Bonadio (Contact Author)

City University London - The City Law School ( email )

London, EC1V OHB
United Kingdom

HOME PAGE: http://www.city.ac.uk/law/

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