πŸ“’ Too many exams? Don’t know which one suits you best? Book Your Free Expert πŸ‘‰ call Now!

  • google app store apple app store
  • βœ–

      Question

      The Doctrine of Exhaustion of Rights (also called the First Sale Doctrine) in Intellectual Property law means:

      A An IP owner's rights are exhausted after they expire at the end of the statutory protection period Correct Answer Incorrect Answer
      B Once an IP owner authorises the first sale of a protected product, their right to control further resale or distribution of that specific product is exhausted Correct Answer Incorrect Answer
      C An IP right is exhausted if the owner fails to enforce it within a period of 3 years of infringement Correct Answer Incorrect Answer
      D IP rights are exhausted once the owner licenses them to a third party Correct Answer Incorrect Answer

      Solution

      The Doctrine of Exhaustion (or First Sale Doctrine) provides that once the IP owner, or someone with their authorisation, places a protected product into the market through the first authorised sale, the IP owner's rights in that specific physical copy of the product are exhausted. This means the purchaser can freely resell, lend, rent, or dispose of that specific item without needing further permission from the IP owner. Exhaustion can operate at three levels: (i) National Exhaustion rights exhaust only within that country, and parallel imports are prohibited; (ii) Regional Exhaustion rights exhaust within a group of countries (e.g., European Union); and (iii) International Exhaustion rights exhaust globally upon first authorised sale anywhere. India generally follows international exhaustion in trademark law and national exhaustion in patent law. For example, once a book is lawfully purchased, the buyer may resell it but the doctrine does not allow the buyer to make photocopies of the book, as that is a reproduction right which is never exhausted.

      Practice Next
      ask-question