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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Exhausting Intellectual Property Rights: A Comparative Law and Policy Analysis


ISBN13: 9781107115859
To be Published: November 2018
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £85.00



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.

  • A comparative approach to exhaustion with a focus on approaches to doctrine in leading jurisdictions
  • Thorough discussion of policy debates arising from exhaustion doctrine
  • Includes current developments in doctrine and ongoing debates over restraints on alienation and digital rights

Subjects:
Intellectual Property Law
Contents:
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.