Edited by Irene Calboli and Edward Lee
Chapter 7: Working toward international harmony on intellectual property exhaustion (and substantive law)
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)1 was an important watershed in the international law of intellectual property rights (IPRs). It moved the effort to harmonize transnational intellectual property (IP) beyond regime specific agendas to setting standards governing all IPRs. It also created a unique dispute resolution process for addressing complaints regarding member nations’ non-compliance and, by connecting it to the World Trade Organization (WTO), explicitly tied IP law to international trade. Although the parties reached agreement regarding a wide array of significant substantive points, one issue proved intractable. They could not reach consensus regarding IPR exhaustion—how an IPR owner putting goods into one WTO member’s domestic market would affect its parallel IPRs in other WTO nations. That point might seem a mere matter of detail in the context of such an overwhelmingly successful negotiation. However, examining the reasons behind the failure to agree on exhaustion explains not only why the issue remains so divisive, but also why the domestic implementation of TRIPS has proven so problematic. More importantly, that understanding provides a way forward regarding both exhaustion and harmonization.
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.