n Without Prejudice - Exhaustion of rights and the conditional sale of protected articles : intellectual property

Volume 8, Issue 6
  • ISSN : 1681-178X



The doctrine of exhaustion of rights or "first sale" is usually applied to prohibit a proprietor from imposing restrictions regarding the onward sale of an article that is the subject of a patent or registered design, where a party has purchased that article lawfully from the proprietor or his authorised agent. The basis of the doctrine is that the sale of an article does not grant the purchaser any rights in the intellectual property related to the article but rather extinguishes the proprietor's entitlement to control the movement of an article embodying that intellectual property, after the article is first sold.

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