| Commentary

91 Limitations on the exhaustion of rights

| Commentary

91 Limitations on the exhaustion of rights

The doctrine of exhaustion of rights does have certain limitations. A distinction has been observed by the European Court of Justice between, on the one hand, the treatment of literary and artistic works where copies are sold in the form of physical objects and, on the other hand, exclusive distribution rights in respect of film and broadcasting1. Rights are not exhausted if the goods in which the copyright subsists have been put on the market outside the European Union with the consent of the right holder and are subsequently imported into the European

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