Legal Feasibility of the Concept of ‘International Exhaustion’ in Intellectual Property Law
6 Pages Posted: 28 May 2017
Date Written: May 26, 2017
In intellectual property law, exhaustion doctrine (or ‘first sale doctrine’) limits the rights of an intellectual property owner (‘IP Owner’) to control use and resale of a good once it is sold by him or under his authority. The intellectual property rights (IPRs) are intrinsically territorial in nature and, therefore, subject to national laws of the territory where they have to be enforced. In this article, the concept of exhaustion would be discussed to reach an understanding as to existence of the concept of “international exhaustion” in international trade. Before discussing the legal feasibility of the concept of international exhaustion, its economic implications would have to be understood to arrive at a conclusion as to if the concept of ‘international exhaustion’ is legally feasible.
Keywords: Intellectual property law, Intellectual property rights, International exhaustion, International trade, TRIPS Agreement
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