The Exhaustion Theory is Not Yet Exhausted: Part 4
les Nouvelles - Journal of the Licensing Executives Society, Volume LII No. 4, September 2017
7 Pages Posted: 6 Sep 2017
Date Written: July 26, 2017
This part 4 of the “Exhaustion theory is not yet exhausted” series will have a closer look at some recent national court decisions from within the European Union where, for several reasons, the IP right holder considered that he had never authorized the products to be “put into circulation for the first time” (considered as the specific subject-matter of an IP rights by the European Court of Justice as defined in Sterling Drugs vs. Centrafarm (C15/74) for patent rights and Winthrop vs. Centrafarm (C16/74) for trademark rights). Such authorization or consent is an essential condition for the application of the exhaustion theory and the absence of such consent will entitle the IP right holder to pursue the protection of his rights. Consequently, legal proceedings were opened against either the trader or the purchaser of those goods by the IP right holder contending that he never authorized the sale.
Keywords: Exhaustion theory, March 2014, IP, first sale, Sterling Drugs, Centrfarm, Winthrop, trademark rights, IP right
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