Abstract
This chapter presents the regimes of exhaustion of trademark rights currently adopted by the ten most important trading partners of the EU (USA, China, Russia, Switzerland, Norway, Turkey, Japan, India, Brazil, and South Korea). This presentation is motivated by the assessment that the exhaustion of trademark rights regimes adopted by the major trading partners of the EU will be, based on the travaux preparatoires of Directive 89/104/EEC and Regulation (EC) 40/94, the decisive factor to be taken into account by the relevant EU institutions should an issue of reviewing the EU exhaustion of trademark rights rules arise. The analysis shows that most of the above-mentioned states recognise a doctrine of national exhaustion of trademark rights (USA, Russia, Turkey, South Korea, and Brazil). On the other hand, only three of the above-mentioned states recognise a doctrine of international exhaustion of trademark rights (Switzerland, Japan, and India).
Published Version
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