Exhaustion of intellectual property rights

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The exhaustion of intellectual property rights is one of the limits of intellectual property (IP) rights. After a product covered by an IP right, such as by a patent right, has been sold by the IP right owner or by others with the consent of the owner, the IP right is said to be exhausted. It can no longer be exercised by the owner.[1] This limitation is also referred to as the "exhaustion doctrine" or "first sale doctrine".[1] There is a "fairly broad consensus" throughout the world "that this applies at least within the context of the domestic market".[1] This is the concept of "national exhaustion". However, "[t]here is less consensus as to what extent the sale of an IP protected product abroad can exhaust the IP rights over this product in the context of domestic law."[1] This is the concept of "regional exhaustion" or "international exhaustion". Beyond these general considerations, the legal implications of the exhaustion largely differ depending on the country of importation, i.e. the national jurisdiction.[1]

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  1. ^ a b c d e "International Exhaustion and Parallel Importation". WIPO. Retrieved 23 May 2015.