Free Movement of Goods and Intellectual Property Exhaustion in ASEAN: a Road Block in the ASEAN Way?

Authors

Irene Calboli, Texas A&M University School of LawFollow

Document Type

Book Section

Publication Date

3-2019

ISBN

9781108424998

DOI

10.1017/9781108563208.017

Abstract

In this chapter, I analyze the relationship between IP rights and the principle of free movement of goods in the context of cross-border trade among the countries that are members of ASEAN. Building upon my previous research on this topic with respect to the EU and other free trade areas such as NAFTA, I analyze the application of the principle of IP exhaustion - according to which owners of IP rights are no longer entitled to control the distribution of their products after the first lawful sale in the market - and the impact of the existing national variations in the application of this principle among ASEAN members on the free movements of goods within ASEAN. In particular, I assess the type of domestic positions adopted today by ASEAN Member States on trademarks, patents and copyright exhaustion and whether these domestic positions permit the importation of genuine goods from other ASEAN members.

First Page

317

Last Page

341

Num Pages

25

Publisher

Cambridge University Press

Editor

Pasha L. Hsieh & Bryan Mercurio

Book Title

ASEAN Law in the New Regional Economic Order: Global Trends and Shifting Paradigms

Recommended Citation

Irene Calboli, Free Movement of Goods and Intellectual Property Exhaustion in ASEAN: a Road Block in the ASEAN Way?, in ASEAN Law in the New Regional Economic Order: Global Trends and Shifting Paradigms 317 (Pasha L. Hsieh & Bryan Mercurio eds., 2019).
Available at: https://scholarship.law.tamu.edu/facscholar/1359