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Exhaustion of Intellectual Property Rights: Doctrines, Policies, Reforms

Exhaustion of Intellectual Property Rights: Doctrines, Policies, Reforms

Exhaustion of Intellectual Property Rights: Doctrines, Policies, Reforms

Author: Shubha Ghosh
Publisher: Edward Elgar Publishing
ISBN: 9781035328093
Published In: September 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: ¥22,686.95

¥22,006.34 Save ¥680.61 (3%)

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Description
Contents

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This book examines the exhaustion doctrine of intellectual property (IP) rights, under which the rights of an IP owner are terminated after a predetermined exercise of those rights. It situates the law of IP exhaustion against a backdrop of legislative debate, policy, and technological developments across jurisdictions.

Exploring the key principles of exhaustion in the fields of patent, copyright, trademark, and trade secret law, Shubha Ghosh illustrates how this rule affects our consumption of entertainment, including ebooks, movies, and music, and even waste materials used for street art and upcycling. Updating existing research on the scope of exhaustion across various industries and contexts with compelling arguments for the right to repair movement, Ghosh analyses the relationship between IP and competition. The book also discusses the emerging concept of digital exhaustion, explaining how exhaustion can function in a digital environment among technological protections.

Exhaustion of Intellectual Property Rights is a vital resource for students and scholars of competition law and policy, intellectual property law, and international trade and business, as well as policymakers, artists, and creative professionals.

1.

Exhaustion as first sale doctrine and beyond

2.

Patent law

3.

Copyright law

4.

Trademark law

5.

Some challenging questions for exhaustion

6.

Intellectual property exhaustion and international trade

7.

Beyond first sale: upcycling and renewal

8.

Digital exhaustion

9.

Exhaustion, use, and right to repair

10.

Replenishing exhaustion

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