Exhausting Intellectual Property Rights

Ghosh, Shubha; Calboli, Irene

doi:10.1017/9781316336243

Cited by 13 publications

(10 citation statements)

References 15 publications

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“…1 For a detailed analysis and summary of the relevant debates, see the contributions in Calboli and Lee (2016). See also Ghosh and Calboli (2018) ;Fink 2004, p. 174); Maskus (2000Maskus ( ), p. 1269Abbott (1998), pp. 607-636;Abbott 2000) http://ssrn.com/abstract¼1921856; Heath (1997), p. 623;Jehoram (1996), p. 280;Hilke (1988), p. 75.…”

Section: Discussionmentioning

confidence: 99%

“…See also Saggi (2013), p. 131;Valletti and Szymanski (2006), p. 499;Valletti (2006), p. 314;Chen and Maskus (2005), p. 1;Malueg and Schwartz (1994), p. 187. 12 See Ghosh andCalboli (2018), pp. 41-64.…”

Section: The Principle Of Intellectual Property Exhaustion In International Trade: An Overviewmentioning

confidence: 99%

“…19 See, e.g., Calboli (2002), p. 47 [hereinafter Calboli, Trademark Exhaustion in the EU] (discussing the debate on the geographical extent of trademark exhaustion in the EU); Shea (1995), p. 463. 20 Ghosh and Calboli (2018), pp. 10-11.…”

Section: The Principle Of Intellectual Property Exhaustion In International Trade: An Overviewmentioning

confidence: 99%

“…23 See Accord portant révision de l'Accord de Bangui du 2 mars 1977 instituant une Organisation Africaine de la Propriété Intellectuelle (Bangui (République centrafricaine), le 24 février 1999) [hereinafter Bangui Agreement]. 24 Ghosh and Calboli (2018), pp. 63-64.…”

Section: The Principle Of Intellectual Property Exhaustion In International Trade: An Overviewunclassified

“…308, 311. See also Ghosh and Calboli (2018), p. 109. 76 For a discussion on ASEAN, including the principle of exhaustion and free movement, seeCalboli (2019b), pp.…”

Section: Selected Jurisdictions In Asiamentioning

confidence: 99%

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Halabi

Intellectual Property and the New International Economic Order

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Section: Discussionmentioning

confidence: 99%

Section: The Principle Of Intellectual Property Exhaustion In International Trade: An Overviewmentioning

confidence: 99%

Section: The Principle Of Intellectual Property Exhaustion In International Trade: An Overviewmentioning

confidence: 99%

Section: The Principle Of Intellectual Property Exhaustion In International Trade: An Overviewunclassified

“…308, 311. See also Ghosh and Calboli (2018), p. 109. 76 For a discussion on ASEAN, including the principle of exhaustion and free movement, seeCalboli (2019b), pp.…”

Section: Selected Jurisdictions In Asiamentioning

confidence: 99%

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Access to Medicines and Vaccines

Halabi

Intellectual Property and the New International Economic Order

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Law, Business, and Legitimacy

Brinkmann

Kochupillai

2020

Handbook of Business Legitimacy

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Intellectual Property Exhaustion and Parallel Imports of Pharmaceuticals: A Comparative and Critical Review

Calboli

2021

Access to Medicines and Vaccines

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This Chapter addresses the topic of intellectual property (IP) exhaustion in the context of the parallel trade of pharmaceuticals. These imports, which are controversial in general, are more complex with respect to pharmaceuticals, which require additional marketing and import authorizations. Nevertheless, individual countries remain free to accept these imports under the flexibility of Article 6 of the Agreement on Trade Related Aspects to Intellectual Property Rights (TRIPS Agreement). This Chapter reviews several national approaches—in developed, developing, and least developed countries (LDCs)—from the perspective of the exhaustion of patent rights as well as other IP rights. Through this review, it highlights that several countries today accept parallel trade. A large number of these countries are, however, developed countries, whereas several developing countries and LDCs instead prohibit parallel imports. This finding is perplexing, and the reasons for this restrictive approach are unclear as developing countries and LDCs need flexible policies and can largely benefit from parallel trade. In addition, despite the claim by the pharmaceutical industry that parallel trade would increase the price of medicines in these countries—as originator would increase prices due to the fear of parallel imports—medicines are sold at lower prices mostly because of governments’ pricing or after the expiration of patent protection. Based on this review, this Chapter concludes that national legislations, which are not taking advantage of the flexibility in Article 6 of the TRIPS Agreement, may consider reviewing their policies and allow parallel imports.

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Exhausting Intellectual Property Rights

Cited by 13 publications

References 15 publications

Access to Medicines and Vaccines

Access to Medicines and Vaccines

Law, Business, and Legitimacy

Intellectual Property Exhaustion and Parallel Imports of Pharmaceuticals: A Comparative and Critical Review

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