Legal Feasibility of the Concept of ‘International Exhaustion’ in Intellectual Property Law

6 Pages Posted: 28 May 2017

See all articles by Sandeep Mittal

Sandeep Mittal

Government of India - Lok Nayak Jayaprakash Narayan National Institute of Criminology & Forensic Science; Member, Indian Police Service

Date Written: May 26, 2017

Abstract

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

Suggested Citation

Mittal, Sandeep, Legal Feasibility of the Concept of ‘International Exhaustion’ in Intellectual Property Law (May 26, 2017). Available at SSRN: https://ssrn.com/abstract=2975643 or http://dx.doi.org/10.2139/ssrn.2975643

Sandeep Mittal (Contact Author)

Government of India - Lok Nayak Jayaprakash Narayan National Institute of Criminology & Forensic Science ( email )

Outer Ring Road, Rohini, Sector 3,
Adjacent to Jaipur Golden Hospital
Delhi, 110085
India

HOME PAGE: http://mittal.one

Member, Indian Police Service ( email )

New Delhi
India

HOME PAGE: http://mittal.one

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