The Relationship between Trademark Exhaustion and Free Movement of Goods: A Review of Selected Jurisdictions and Regional Organizations

Document Type

Book Section

Publication Date

9-2020

ISBN

9781108399456

DOI

10.1017/9781108399456.038

Abstract

This chapter complements the chapter authored by Professors Chronopoulos and Maniatis (Chapter 35) and focuses on the relationship between the principle of exhaustion in trademark law and the free movement of goods in the context of cross-border trade and parallel imports – imports of genuine goods that are not authorized by trademark owners. In particular, this chapter reviews the national and regional policies on trademark exhaustion in selected jurisdictions, namely: the European Union (intended as a group of sovereign countries applying a harmonized trademark law); the United States, Canada, and Mexico, as the three nation members of the North American Free Trade Agreement (NAFTA, soon to be renamed the United States, Mexico, and Canada agreement, USMCA); the members of the Association of South East Asian Nations (ASEAN); the People’s Republic of China; and India.

First Page

589

Last Page

605

Num Pages

17

Publisher

Cambridge University Press

Editor

Irene Calboli & Jane C. Ginsburg

Book Title

The Cambridge Handbook of International and Comparative Trademark Law

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