Exhaustion Doctrine on Intellectual Property The Doctrine of Exhaustion on Intellectual Property

Abstract

The exhaustion doctrine on intellectual property is a limitation of the owner's right to enforce his intellectual property rights. If an item has been marketed by, or with the consent of, the owner of the intellectual property in it, then that right is "expired" and can no longer be used to prevent or control the distribution of, or further sale of, the item. The exhaustion doctrine in the realm of intellectual property is controversial, because it is considered an exception to intellectual property infringement. In this paper, it will be discussed related to the application of the exhaustion doctrine in the realm of intellectual property, especially in copyrights, patents and brands. This article refers to legal research. The characteristic of legal research is to seek the truth of coherence in which a truth is based on the suitability of what is being studied with the established rules. The approaches used in this paper are the statute approach and the conceptual approach.