This book examines the exhaustion doctrine of intellectual property (IP) rights, under which the rights of an IP owner are terminated after a predetermined exercise of those rights. It situates the law of IP exhaustion against a backdrop of legislative debate, policy, and technological developments across jurisdictions.
Exploring the key principles of exhaustion in the fields of patent, copyright, trademark, and trade secret law, Shubha Ghosh illustrates how this rule affects our consumption of entertainment, including ebooks, movies, and music, and even waste materials used for street art and upcycling. Updating existing research on the scope of exhaustion across various industries and contexts with compelling arguments for the right to repair movement, Ghosh analyses the relationship between IP and competition. The book also discusses the emerging concept of digital exhaustion, explaining how exhaustion can function in a digital environment among technological protections.
Exhaustion of Intellectual Property Rights is a vital resource for students and scholars of competition law and policy, intellectual property law, and international trade and business, as well as policymakers, artists, and creative professionals.
Rezensionen / Stimmen
'Professor Shubha Ghosh's work on the exhaustion of intellectual property is a thorough and thought-provoking work of scholarship. Professor Ghosh demonstrates both depth and breadth of knowledge in exploring the various contours of the exhaustion of intellectual property rights. This book is essential reading for IP scholars and lawyers.' -- Dilan Thampapillai, University of Wollongong, Australia 'Exhaustion is a foundational, if often overlooked, principle of intellectual property law that has safeguarded the rights of consumers for centuries. In this book, Shubha Ghosh offers a clear, comprehensive, and powerful treatment of that principle by carefully examining its application across IP regimes and around the globe. It is essential reading.' -- Aaron Perzanowski, University of Michigan, USA
Reihe
Sprache
Verlagsort
Zielgruppe
Maße
Höhe: 234 mm
Breite: 156 mm
ISBN-13
978-1-0353-2809-3 (9781035328093)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Shubha Ghosh, Crandall Melvin Professor of Law; Director, Technology Commercialization Law Program and Director, Syracuse Intellectual Property Law Institute, Syracuse University College of Law, USA
Contents
1 Exhaustion as first sale doctrine and beyond
2 Patent law
3 Copyright law
4 Trademark law
5 Some challenging questions for exhaustion
6 Intellectual property exhaustion and international trade
7 Beyond first sale: upcycling and renewal
8 Digital exhaustion
9 Exhaustion, use, and right to repair
10 Replenishing exhaustion
