1. Is there international exhaustion of (i) patents; (ii) trade marks; and (iii) other industrial property rights? That is, can an industrial property right owner use industrial property rights against parallel imports from another country, when the imported products have been put on the market in that country by the industrial property right owner or with his consent?2(a). Can contractual restrictions imposed by an industrial property right owner be used to limit the effect of international exhaustion?
Nation | Does international exhaustion apply to patents? | Does international exhaustion apply to trademarks? | Can contracts imposed by IP owners limit international exhaustion? |
Argentina | Yes | Yes | * |
Australia | Yes | Yes | Yes |
Belgium | No | No | * |
Brazil | No | Yes | No |
Bulgaria | No | No | * |
Canada | Yes | Yes | Yes |
Czech Republic | No | * | No |
Denmark | No | No | * |
Egypt | No | * | * |
Finland | No | No | * |
France | No | No | * |
Germany | No | No | * |
Hungary | No | No | * |
Italy | No | No | * |
Japan | No | Yes | Yes |
Mexico | No | Yes | * |
Portugal | No | No | * |
Rep. of Korea | No | * | * |
Romania | No | No | * |
Spain | No | No | * |
Sweden | No | No | * |
Switzerland | * | Yes | * |
The Netherlands | No | No | * |
United Kingdom | No | No | * |
Venezuela | Yes | Yes | No |
Yugoslavia | No | No | No |
* indicates that data was not presented in the summary of the report. For further information, see the full report, with detailed anxwers to the survey questions can be found at www.aippi.org/reports/q156/q156-Summary-e.htm
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