This Research Handbook explores issues related to the principle of exhaustion of intellectual property rights. To date, the application of this principle continues to vary from country to country, and there is increasing pressure to clarify the extent of its application both at the national level and in the context of international trade with respect to parallel imports. Notably, from the Americas to the European Union, Asia-Pacific, and Africa, courts and policy makers are asking similar questions: Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the 'Internet of things' redefined the concept of exhaustion in cyberspace?The goal of this book is to explore these questions. The book also highlights how a one-size answer may not fit all the current challenges that the courts and policy makers are facing in this area.This Research Handbook will be of interest to academics, judges and other practitioners looking for an in-depth study on the topic, offering both of detailed analysis of the current state of play, and a discussion of the challenges that arise on a global scale.
Contents:PART I: THE THEORETICAL FRAMEWORK OF INTELLECTUAL PROPERTY EXHAUSTION1. Incentives, Contracts, and Intellectual Property Exhaustion Shubha Ghosh2. The Economic Rationale for Exhaustion: Distribution and Post-Sale RestraintsAriel Katz3. Exhaustion and Personal Property ServitudesMolly Shaffer Van Houweling4. "Exhaustion" in the Digital Age Reto M. HiltyPART II: INTELLECTUAL PROPERTY EXHAUSTION AND PARALLEL IMPORTS: THE INTERNATIONAL CONTEXT5. International Intellectual Property Rules and Parallel ImportsSusy Frankel and Daniel J. Gervais6. Economic Perspectives on Exhaustion and Parallel ImportsKeith E. Maskus7. Working Toward International Harmony on Intellectual Property Exhaustion (and Substantive Law)Vincent Chiappetta8. Parallel Trade in Pharmaceuticals: Trade Therapy for Market DistortionsFrederick M. AbbottPART III: INTELLECTUAL PROPERTY EXHAUSTION AND PARALLEL IMPORTS: REGIONAL AND NATIONAL APPROACHES 9. The European Internal Market: Exhaustion PlusChristopher M. Stothers10. The Exhaustion Doctrine in Singapore: Different Strokes for Different IP FolksNg-Loy Wee Loon11. Parallel Imports and the Principle of Exhaustion of Rights in Latin AmericaCarlos M. Correa and Juan I. Correa12. Exhaustion of Intellectual Property Rights and the Principle of Territoriality in the United StatesJohn A. Rothchild,PART IV: SELECTED ISSUES (AND CHALLENGES) ON PATENT EXHAUSTION 13. Patent Exhaustion and Free Transit at the Interface of Public Health and Innovation Policies: Lessons to be Learned from EU Competition-Law PracticeJosef Drexl14. Regulatory Responses to International Patent ExhaustionSarah R. Wasserman Rajec15. Patent Exhaustion Rules and Self-Replicating TechnologiesChristopher Heath 16. Development of Patent Exhaustion in Mainland ChinaXiang Yu and Conghui Yin17. The Hermeneutics of the Patent Exhaustion Doctrine in IndiaYogesh PaiPART V: SELECTED ISSUES (AND CHALLENGES) ON TRADEMARK EXHAUSTION18. Trademark Exhaustion and Its Interface With EU Competition LawApostolos G. Chronopoulos and Spyros M. Maniatis19. Trademark Exhaustion and Free Movement of Goods: A Comparative Analysis of the EU/EEA, NAFTA and ASEANIrene Calboli20. Using Trademark Law to Override Copyright's First Sale Rule for Imported Copies in the United StatesMary LaFrance21. New Developments on Trademark Exhaustion in KoreaByungil Kim22. Trademark Exhaustion and the Internet of Resold ThingsYvette Joy Liebesman and Benjamin WilsonPART VI: SELECTED ISSUES (AND CHALLENGES) ON COPYRIGHT EXHAUSTION23. How Could Taiwan Copyright Act Follow the Patent and Trademark Regime and Adopt International Copyright Exhaustion?Kung-Chung Liu24. The Marrakesh Treaty and the Targeted Uses of Copyright ExhaustionMarketa Trimble25. From Importation to Digital Exhaustion: A Canadian Copyright PerspectivePierre-Emmanuel Moyse26. Exhaustion and the Internet as a Distribution Channel: the Relationship Between Intellectual Property and European Law in Search of ClarificationGuido Westkamp27. Digital Copyright Exhaustion and Personal PropertyAaron Perzanowski and Jason SchultzIndex
