研究手册知识Property Exhaustion and Parallel Imports

Research Handbooks in Intellectual Property series

Edited by Irene Calboli, Professor of Law, Texas A&M University, School of Law, US; Visiting Professor and Deputy Director, Applied Research Centre for Intellectual Assets and the Law in Asia, Singapore Management University School of Law and Edward Lee, Professor of Law and Director, Program in Intellectual Property Law, Illinois Institute of Technology, Chicago-Kent College of Law, US

From the Americas to the European Union, Asia-Pacific and Africa, countries around the world are facing increased pressure to clarify the application of intellectual property exhaustion. This wide-ranging Research Handbook explores the questions that pose themselves as a result. Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the “Internet of things” redefined the concept of exhaustion in cyberspace? The Handbook offers insights to the challenges surrounding these questions and highlights how one answer does not fit all.

‘Exhaustion of rights and parallel trade of goods protected by intellectual property are at the crossroad of international trade and exclusive rights. The contributions to this important volume ably interface the two legal concepts. Incorporating intellectual property in the WTO and preferential trade agreements is not without longer-term implications for today’s decentralised doctrine of exhaustion of intellectual property rights. The book makes a significant contribution to the quest for a proper balance between freer trade and legitimate exclusivity of different forms of IPRs. It is essential reading for all interested in the state of the law on parallel trading in different jurisdictions and the prospects of future and shared developments in international law aiming at a proper balance conducive to welfare and prosperity.’
– Thomas Cottier, Professor Emeritus of Law, World Trade Institute, University of Bern, Switzerland

‘The concept of exhaustion of intellectual property rights has proved to be thorny and complex. Collectively the chapters of this Handbook offer the reader a systematic and in-depth treatment of the theoretical, jurisdictional and contextual complexities of the concept. Irene Calboli and Edward Lee have produced an editorial tour de force.’
– Peter Drahos, Professor, Australian National University; Chair in Intellectual Property, Queen Mary University of London

‘This book is a deep dive into the enigmatic role played by the doctrine of exhaustion. The volume offers a framework and a detailed examination of the impact of parallel imports within each of the regimes of copyright, patent, and trademark. It studies exhaustion from the perspective of large and small economies; developed, emerging, and developing countries; right holders, importers, and exporters; producers and consumers; economists and free traders. The collection offers a comprehensive entry into this difficult and contentious issue.’
– Rochelle Dreyfuss, New York University, School of Law, US

‘To sum up: this Research Handbook is outstanding; not only is it well structured, but also greatly benefits from the collaboration of more than 30 internationally renowned specialists. Still, the book has significant room for development in future editions, for example by adding further chapters on newly emerging topics as well as by introducing the opinion of other regions/countries on the issues covered by this edition.’
– Journal of Intellectual Property Law and Practice