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The Impact of Overlapping Rights on Intellectual Property Exhaustion and Free Movement of Products: A Comparative Analysis of the EU (EEA) and NAFTA

The Impact of Overlapping Rights on Intellectual Property Exhaustion and Free Movement of Products: A Comparative Analysis of the EU (EEA) and NAFTA

Research project

Investigator:
Irene Calboli

Abstract:

This project explores the impact that overlapping intellectual property rights on the same products (or on separate components of the same products) may have on the application of the principle of intellectual property exhaustion to parallel imports across, respectively, member countries of the EU (EEA) and NAFTA. In particular, this project criticizes how the exercise of overlapping intellectual property rights can be used by intellectual property owners in order to restrict free trade in free trade areas, both in brick-and-mortar world as well as online trade, especially with respect to physical products that are purchased online in one country and shipped and delivered in another country of the same free trade area.

Abstract - PDF Version