Exhausting Intellectual Property Rights
A Comparative Law and Policy Analysis

Provides an in-depth assessment of the exhaustion doctrine and explores how its various implementations have shaped international trade issues.

Shubha Ghosh (Author), Irene Calboli (Author)

9781107115859, Cambridge University Press

Hardback, published 8 November 2018

226 pages
23.6 x 15.6 x 1.7 cm, 0.44 kg

"The authors have given us an invaluable treatise covering both the legal and economic aspects of the complex subject of parallel imports and the doctrine of exhaustion of intellectual property rights. This book - which is very readable - should be an essential resource for intellectual property scholars from the disciplines of both law and economics.' Jayashree Watal, Counsellor, Intellectual Property, Government Procurement and Competition Division, World Trade Organization

Even as globalization seems to be in retreat in political circles, the march of commercialization and markets continues. Government policies, whether tariffs, exits, or walls, cannot impede the competitive drive to meet consumer demand for products and services, whether within national boundaries or across them. In the sphere of intellectual property rights, the doctrine of exhaustion serves to limit the rights of intellectual property owners after a specific exercise of some or all of the rights. This volume provides an assessment of the successes and failures of the exhaustion doctrine as it has been applied through recent judicial decisions in the United States and the European Union. Irene Calboli and Shubha Ghosh explore how evolving interpretations of the exhaustion doctrine affects the large trade in gray market products and other international trade issues. A comparative approach to exhaustion, Exhausting Intellectual Property Rights offers a unique discussion of the often overlooked issue of overlapping rights.

Foreword Jerome Reichman
1. The persistent policy pull of exhaustion
2. Incentives and exhaustion policy
3. Exhaustion and international trade
4. Trademark exhaustion across jurisdictions
5. Patent exhaustion across jurisdictions
6. Copyright exhaustion across jurisdictions
7. Overlapping rights and exhaustion
8. Exhaustion in the digital age
9. Exhaustion policy: challenges and choices.

Subject Areas: Copyright law [LNRC], Intellectual property law [LNR], International law of transport, communications & commerce [LBD], International economic & trade law [LBBM], International law [LB], Law [L]