Exhausting Intellectual Property Rights

A Comparative Law and Policy Analysis

Shubha Ghosh, Irene Calboli

• Publisher: Cambridge University Press
• Year: 2018
• Print ISBN: 9781107115859
• eBook ISBN: 9781108693394
• Topic: Law
• Subtopic: Intellectual Property Law
• Index: Law

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.

Table of contents

• Cover
• Half-title page
• Title page
• Copyright page
• Dedication
• Contents
• Foreword
• Introduction
• 1 The Persistent Policy Pull of Exhaustion
• 2 Incentives and Exhaustion Policy
• 3 Exhaustion and International Trade
• 4 Trademark Exhaustion across Selected Jurisdictions
• 5 Patent Exhaustion across Selected Jurisdictions
• 6 Copyright Exhaustion across Selected Jurisdictions
• 7 Overlapping Intellectual Property Protection and the Exhaustion Doctrine
• 8 Exhaustion in the Digital Age
• 9 Exhaustion Policy: Challenges and Choices
• Index