Abstract
This chapter considers the issue of exhaustion of trademark rights in the light of the provisions of the GATT 1994 related to the problem of the legality of parallel imports. In particular, the provisions of the GATT 1994 relevant to the problem of the legality of parallel imports are reviewed in order to see whether that Agreement obliges the Contracting Parties to adopt any rule of exhaustion of trademark rights (national, regional, or international exhaustion) or, in the event there is no such obligation, whether a specific rule of exhaustion of trademark rights appears to be more compatible with the legal system established by that Agreement. The analysis comes to the conclusion that the GATT 1994 does not impose on its Contracting Parties an obligation to adopt a certain doctrine of exhaustion of trademark rights, but the doctrine of international exhaustion of trademark rights appears to be more consistent with the law relating to the GATT 1994.
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