Chapter

Exhaustion of rights

Helen E Norman

in Intellectual Property Law Directions

Second edition

Published on behalf of © Helen Norman 2014

Published in print May 2014 | ISBN: 9780199688104
Published online September 2014 | e-ISBN: 9780191784811 | DOI: http://dx.doi.org/10.1093/he/9780199688104.003.0016

Series: Directions series

Exhaustion of rights

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter is devoted to one specific defence which can be raised in any intellectual property infringement action, namely exhaustion of rights. It explains the meaning of the term ‘exhaustion of rights’ and how it operates as a defence to an action for the infringement of any intellectual property right; the origin of the defence in the case law of the ECJ and the arguments used by the Court in such case law; the different rights of the intellectual property owner in relation to parallel and infringing imports; the circumstances in which a trade mark owner can still object to parallel imports from within the European Economic Area (EEA); and the different treatment accorded to goods which have first been marketed outside the EEA.

Keywords: intellectual property; exhaustion of rights; trade mark owner; trade mark law; trade mark infringement

Chapter.  14136 words.  Illustrated.

Subjects: Intellectual Property Law

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