Commentary

158.1 Goods originating outside the European Union

INTELLECTUAL PROPERTY vol 21(2) copyright
| Commentary

158.1 Goods originating outside the European Union

| Commentary

158 Limitations on the principle of exhaustion of rights

There are a number of situations where the principle of exhaustion of rights may not apply or may be qualified, outlined in the following paragraphs.

158.1 Goods originating outside the European Union

Can a right holder in a Member State be prevented, by virtue of the principle of exhaustion of rights, from asserting his right against the importation into that Member State of goods which were marketed by him or with his consent outside the European Union?

In EMI Records Ltd v CBS United Kingdom Ltd1 CBS, who owned the mark ‘Columbia’ in the

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