The Doctrine of Exhaustion in Limbo - Critical Remarks on the CJEU’s Tom Kabinet Ruling

Mezei, Péter

doi:10.2139/ssrn.3560138

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Digital Second Hand Markets and Exhaustion Of Copyright1

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2023

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“…77 Mézei argued that such approach would lead to the "castration" of the exhaustion doctrine in the digital environment. 78 The First-Sale Doctrine under US law is based on judicial interpretation with the seminal US Supreme Court decision in Bobbs-Merrill v. Straus 79 of 1908 setting a precedent. It found its way into the U.S.…”

Section: Digital Second Hand Markets and Exhaustion Of Copyrightmentioning

confidence: 99%

Digital trade and intellectual property

D. Mimler

2023

Research Handbook on Digital Trade

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The objects of digital trade are often subject to intellectual property ( IP) protection. The exclusionary nature of IP rights which is deemed to incentivise and reward the creation of new goods, however, is a mechanism developed in the a pre-digital era and can therefore not be seamlessly transposed to digital goods and services. This chapter outlines the Janus-headed nature of IP rights for digital trade, as, on the one hand enabling it while also having the ability to hamper it. It first looks at the interfaces of IP with digitization and trade in order to set the scene and then outlines its effects on digital trade and how regulators have sought to address the issues. The chapter also looks at some current issues of the interface of digital trade and IP, such as digital exhaustion, intermediary liability and the impact of new technologies, e.g. Blockchain technology and NFTs as well as 3D printing.

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Section: Digital Second Hand Markets and Exhaustion Of Copyrightmentioning

confidence: 99%

Digital trade and intellectual property

D. Mimler

2023

Research Handbook on Digital Trade

View full text Add to dashboard Cite

show abstract

The Doctrine of Exhaustion in Limbo - Critical Remarks on the CJEU’s Tom Kabinet Ruling

Cited by 1 publication

References 28 publications

Digital trade and intellectual property

Digital trade and intellectual property

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