THE EXHAUSTION DOCTRINE IN THE TRADEMARKS OMAIN FROM THE PERSPECTIVE OF CONSUMERS’ RIGHTS

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HABIBA SAEED; MOZAFFARI MOHABBAT

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: PRIVATE LAW STUDIES Year:2018 | Volume:47 | Issue:4 Page(s): 631-646

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Information Journal Paper

Title

THE EXHAUSTION DOCTRINE IN THE TRADEMARKS OMAIN FROM THE PERSPECTIVE OF CONSUMERS’ RIGHTS

Author(s)

HABIBA SAEED | MOZAFFARI MOHABBAT | Issue Writer Certificate

Keywords

CONSUMER MISGUIDANCEQ1

EXHAUSTION DOCTRINEQ1

GEOGRAPHICAL DOMAINQ2

TRADEMARKSQ1

Abstract

The EXHAUSTION DOCTRINE is significantly effective in the domain of free trade and competition in markets. Among intellectual property rights are TRADEMARKS rights, which more than other branches of such rights, relate to market and trade. The Patents, Industrial Designs, and TRADEMARKS Registration Act of 2007 refers to the EXHAUSTION DOCTRINE in the domain of TRADEMARKS. The exclusive rights established by the TRADEMARKS rights do benefit both the producer and the consumer. The converge of these rights, i.e. the rights of consumers and producers, make it impossible to exhaust TRADEMARKS rights at all times, because misguidance and incorrect perception on the part of consumers can be an obstacle. This paper studies whether EXHAUSTION DOCTRINE can be prevented by consumer right. Generally speaking, in each case that the application of the doctrine to a situation in which consumers misguidance or mislead about the origin of the product should not accept it.

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APA: Copy

HABIBA, SAEED, & MOZAFFARI, MOHABBAT. (2018). THE EXHAUSTION DOCTRINE IN THE TRADEMARKS OMAIN FROM THE PERSPECTIVE OF CONSUMERS’ RIGHTS. PRIVATE LAW STUDIES, 47(4 ), 631-646. SID. https://sid.ir/paper/125031/en

Vancouver: Copy

HABIBA SAEED, MOZAFFARI MOHABBAT. THE EXHAUSTION DOCTRINE IN THE TRADEMARKS OMAIN FROM THE PERSPECTIVE OF CONSUMERS’ RIGHTS. PRIVATE LAW STUDIES[Internet]. 2018;47(4 ):631-646. Available from: https://sid.ir/paper/125031/en

IEEE: Copy

SAEED HABIBA, and MOHABBAT MOZAFFARI, “THE EXHAUSTION DOCTRINE IN THE TRADEMARKS OMAIN FROM THE PERSPECTIVE OF CONSUMERS’ RIGHTS,” PRIVATE LAW STUDIES, vol. 47, no. 4 , pp. 631–646, 2018, [Online]. Available: https://sid.ir/paper/125031/en

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