<i>‘This book is thought provoking and will be embraced by students and IP scholars. It is also a fascinating source of information for those working in the IP field, such as lawyers and rights holders, to consider the boundaries and evolution of exhaustion.’</i>

- Charlotte Duly, MARQUES,

<i>‘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.’</i>

- Dilan Thampapillai, University of Wollongong, Australia,

<i>‘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.’</i>

- Aaron Perzanowski, University of Michigan, USA,

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.

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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.
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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
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Produktdetaljer

ISBN
9781035328093
Publisert
2025-09-19
Utgiver
Edward Elgar Publishing Ltd
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
238

Forfatter

Biografisk notat

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