| Commentary

158.2 Spurious goods

| Commentary

158.2 Spurious goods

The principle of exhaustion of rights does not apply where a right owner seeks to exercise an intellectual property right against merely spurious (eg counterfeit) goods, whatever the country of origin of such spurious goods. The explanation is that it is part of the substance, or specific object, of an intellectual property right to be able to prevent others making unauthorised use of the subject-matter protected by the intellectual property right, in a manner which directly usurps the primary exclusive rights granted to the owner of the intellectual property right1.

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