Abstract
The paper traces the evolution of the exhaustion doctrine in EU trademark law and examines its dialectic with the treatment of vertical restraints under EU competition law.From a rigid rule not allowing the trademark proprietor to control the further commercialization of a trademarked good after its initial sale, the exhaustion doctrine in the EU has gradually developed to complex set of sub-rules balancing the diverse interests of traders, parallel importers, and the consuming public in a manner that resembles market regulation through unfair competition norms. In similar vein, the doctrine of exhaustion should encompass the potential benefits of post-sale restraints. The paper contains a critical analysis of the Court of Appeal’s ruling in Speciality European Pharma Ltd v Doncaster Pharmaceuticals Group Ltd & Madaus GmbH [2015] EWCA CIV 54.
Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
