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
Recommended Citation
Irene Calboli,
The Relationship between Trademark Exhaustion and Free Movement of Goods: A Review of Selected Jurisdictions and Regional Organizations,
in
The Cambridge Handbook of International and Comparative Trademark Law
589
(Irene Calboli & Jane C. Ginsburg eds., 2020).
Available at:
https://scholarship.law.tamu.edu/facscholar/1545