Journal of Intellectual Property (J Intellect Property; JIP)

KCI Indexed
OPEN ACCESS, PEER REVIEWED

pISSN 1975-5945
eISSN 2733-8487
Research Article

A Study on the Scope and Limit of International Exhaustion

President, License Plus, Republic of Korea

Correspondence to Sucheol Kim, E-mail: h2oiron@naver.com

Volume 20, Number 2, Pages 31-48, June 2025.
Journal of Intellectual Property 2025;20(2):31-48. https://doi.org/10.34122/jip.2025.20.2.31
Received on February 24, 2025, Revised on February 27, 2025, Accepted on May 30, 2025, Published on June 30, 2025.
Copyright © 2025 Korea Institute of Intellectual Property.
This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives (https://creativecommons.org/licenses/by-nc-nd/4.0/) which permits use, distribution and reproduction in any medium, provided that the article is properly cited, the use is non-commercial and no modifications or adaptations are made.

Abstract

Although Copyright Law includes provision for the exhaustion of distribution rights, other intellectual property laws do not explicitly address the exhaustion of rights. Nevertheless, most countries recognize the exhaustion theory of intellectual property rights as a general legal principle. International exhaustion, however, has been discussed separately for patents, trademarks, and copyrights. Given that these rights share strong similarities and serve the same fundamental purposes as intellectual property protections, distinguishing international exhaustion based on each type of right is theoretically and practically meaningless. In addition, considering modern trade trends—where many everyday products are simultaneously protected by patents, trademarks, and copyrights—and the growing significance of international trade, intellectual property rights should beintegrated manner when determining international exhaustion. This study examines the scope and limitations of international exhaustion theory from both subjective and objective perspectives. Specifically, it explores the extent to which intellectual property rights are subject to exhaustion and whether international exhaustion applies to products sold by a licensee in violation of contractual terms. Based on these considerations, I suggest a direction for the development of international exhaustion theory from an integrated intellectual property rights perspective.

Keywords

Exhaustion theory, international exhaustion, patents, trademarks, copyrights, licenses

Notes

Conflicts of Interest

No potential conflict of interest relevant to this article was reported.

Funding

The author received manuscript fees for this article from Korea Institute of Intellectual Property.

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