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Exhausting Intellectual Property Rights

A Comparative Law and Policy Analysis

Gebonden, 226 blz. | Engels
Cambridge University Press | e druk, 2018
ISBN13: 9781107115859
Hoofdrubriek : Juridisch
Cambridge University Press e druk, 2018 9781107115859
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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.


Aantal pagina's:226

Over Irene Calboli

Irene Calboli is Professor of Law at Texas A&M University School of Law, Transatlantic Technology Law Fellow at Stanford University, and Visiting Professor of Law at the National University of Singapore. She is a member of the American Law Institute, the board of the European Policy for Intellectual Property Law Association, and the Executive Committees of the Comparative Law, Art Law, and East Asia Sections of American Association of Law Schools. A widely published and cited scholar, she serves in the editorial boards of the Journal of IP Law and Practice, the Queen Mary Journal of IP, and the WIPO-WTO Colloquium Papers. She is an expert, inter alia, for WIPO, the EUIPO, the EU Commission, and several national Intellectual Property offices.

Andere boeken door Irene Calboli


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.

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