Disparities Of Exhaustion Doctrine

Full Text Link

Smriti Gupta, National Law University, Delhi

ABSTRACT

This paper examines the inconsistent application of the exhaustion principle across different types of intellectual property rights—trademark, patent, and copyright. The exhaustion doctrine limits an IP holder’s control over a product after its first sale, but its application varies significantly across domains. These inconsistencies raise important questions about underlying legal rationales and affect the rights of consumers, market dynamics, and enforceability of IP protections.

The study conducts a doctrinal analysis to explore how these variations impact distribution rights and resale control. It further delves into the jurisdictional differences between national and international exhaustion regimes, especially in the context of parallel imports and resale rights. Such divergence can lead to international legal conflicts and economic inequality. By assessing the broader implications on trade, consumer access, and IP holder interests, the paper argues for a more harmonized application of the exhaustion principle to enhance legal clarity and promote equitable global competition.

Keywords: Exhaustion Theory, IP holders' rights, consumer rights, International exhaustion, National Exhaustion.

DISPARITIES OF EXHAUSTION DOCTRINE.pdf

Download PDF • 317KB