Book contents
- The Cambridge Handbook of International and Comparative Trademark Law
- The Cambridge Handbook of International and Comparative Trademark Law
- Copyright page
- Contents
- Editors and Contributors
- Foreword
- Preface
- Part One International Aspects of Trademark Protection
- Part Two Comparative Perspectives on Trademark Protection
- I The Nature and Functions of Trademarks
- II Signs That Can Be Protected as Trademarks
- III Public Policy Limitations of Trademark Subject Matter
- IV The Relationship between Trademarks and Geographical Indications
- V Certification and Collective Marks
- VI The Relationship between Trademark Law and Advertising Law
- VII The Relationship between Trademark Law and the Right of Publicity
- VIII Trademarks and Domain Names
- IX Overlapping Rights
- X Theories Underlying the Standards for Trademark Infringement
- XI Trademark Dilution
- XII Secondary Trademark Liability
- XIII Trademark Defenses
- XIV The Principle of Exhaustion of Trademark Rights
- 35 Common Law and Civil Law Approaches to Trademark Exhaustion in Europe
- 36 The Relationship between Trademark Exhaustion and Free Movement of Goods
- XV Trademark Transactions
- Index
36 - The Relationship between Trademark Exhaustion and Free Movement of Goods
A Review of Selected Jurisdictions and Regional Organizations
from XIV - The Principle of Exhaustion of Trademark Rights
Published online by Cambridge University Press: 18 September 2020
- The Cambridge Handbook of International and Comparative Trademark Law
- The Cambridge Handbook of International and Comparative Trademark Law
- Copyright page
- Contents
- Editors and Contributors
- Foreword
- Preface
- Part One International Aspects of Trademark Protection
- Part Two Comparative Perspectives on Trademark Protection
- I The Nature and Functions of Trademarks
- II Signs That Can Be Protected as Trademarks
- III Public Policy Limitations of Trademark Subject Matter
- IV The Relationship between Trademarks and Geographical Indications
- V Certification and Collective Marks
- VI The Relationship between Trademark Law and Advertising Law
- VII The Relationship between Trademark Law and the Right of Publicity
- VIII Trademarks and Domain Names
- IX Overlapping Rights
- X Theories Underlying the Standards for Trademark Infringement
- XI Trademark Dilution
- XII Secondary Trademark Liability
- XIII Trademark Defenses
- XIV The Principle of Exhaustion of Trademark Rights
- 35 Common Law and Civil Law Approaches to Trademark Exhaustion in Europe
- 36 The Relationship between Trademark Exhaustion and Free Movement of Goods
- XV Trademark Transactions
- Index
Summary
This chapter complements the chapter authored by Professors Chronopoulos and Maniatis (Chapter 35) and focuses on the relationship between the principle of exhaustion in trademark law and the free movement of goods in the context of cross-border trade and parallel imports – imports of genuine goods that are not authorized by trademark owners. In particular, this chapter reviews the national and regional policies on trademark exhaustion in selected jurisdictions, namely: the European Union (intended as a group of sovereign countries applying a harmonized trademark law); the United States, Canada, and Mexico, as the three nation members of the North American Free Trade Agreement (NAFTA, soon to be renamed the United States, Mexico, and Canada agreement, USMCA); the members of the Association of South East Asian Nations (ASEAN); the People’s Republic of China; and India.
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- Information
- Publisher: Cambridge University PressPrint publication year: 2020