Research Handbook on Intellectual Property Exhaustion and Parallel Imports
Show Less

Research Handbook on Intellectual Property Exhaustion and Parallel Imports

Edited by Irene Calboli and Edward Lee

From the Americas to the European Union, Asia-Pacific and Africa, countries around the world are facing increased pressure to clarify the application of intellectual property exhaustion. This wide-ranging Research Handbook explores the questions that pose themselves as a result. Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the “Internet of things” redefined the concept of exhaustion in cyberspace? The Handbook offers insights to the challenges surrounding these questions and highlights how one answer does not fit all.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 3: Exhaustion and personal property servitudes

Molly Shaffer Van Houweling


IP owners can control how other people use objects in their lawful possession—control that would otherwise be enforced (if at all) through generally applicable bodies of contract, property, and commercial law. Exhaustion can thus properly be understood, at least in part, as helping to define the boundary between IP and these other areas of law. This boundary notion might suggest a sharp distinction between IP and the laws on the other side of the exhaustion line.1 But courts and commentators have long suggested that the exhaustion doctrine in fact owes its origins to these bodies of law. Specifically, the argument goes that exhaustion is a version of a generally applicable common law prohibition on restrictions that run with objects other than land, that is, “personal property servitudes.” This chapter revisits that claim in light of recent jurisprudence and scholarship.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.