By He Fang Lou Jiayu King & Wood Mallesons’ Dispute Resolution group
The exhaustion of intellectual property rights is a topic of heated debate around the world. The Agreement on Trade-Related Aspects of Intellectual Property Rights leaves much room for more clarity on how to handle this issue, with its Article 6 stating: “For the purposes of dispute settlement under this Agreement, subject to the provisions of Articles 3 and 4 nothing in this Agreement shall be used to address the issue of the exhaustion of intellectual property rights.” In practice, the exhaustion of intellectual property rights is concerned mostly with parallel imports.
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