Study On Restriction Of Exhaustion Of Trade Mark Rights

Provisions of trademark legislation in terms of the exhaustion of trademark rights arestill blank. Electronics refurbishment behavior can invoke the principle of exhaustion oftrademark rights. The introduction of the principle of exhaustion of trademark rights has itsrationality and necessity. This paper is divided into four parts:The scope of trade mark exhaustion principle. By discussing the scope of the principle ofexhaustion of trademark rights, elaborated the theory of exhaustion of trademark rights,thereby seeking exhaustion of trademark rights and the scope of rationality. Secondly, thegeographical scope of the principle of exhaustion of trademark rights is divided into domesticexhaustion, regional exhaustion, and international exhaustion of discussion.Exhaustion of trademark rights restrictions principles. Exhausted by the U.S. trademarkrights of domestic, European regional exhaustion of trademark rights, the Japanese system ofinternational exhaustion of trademark rights comparative analysis, and summarize the spiritof relevant cases, focusing on the reverse counterfeiting, parallel imports, damage thereputation of other three commodities kinds of restrictions and criteria for judging thesituation.An Empirical Analysis of the principle of exhaustion of trademark rights. Combined ofdomestic and foreign legislation and jurisprudence, summarized by empirical analysisrefurbished electronic products citing the principle of exhaustion of trademark rightsconditions and limitations.The suggestions of trade mark exhaustion principle. First, the exhaustion of trademarkrights principle should be set up. Secondly, it is necessary to draw a clear scope of trademarkexhaustion. Finally, the exhaustion of trademark rights should be combined with theExtended Producer Responsibility.