What is the trademark right exhaustion doctrine?
The theory of trademark exhaustion (trademark exhaustion) is also called trademark exhaustion in trademark exhaustion. Generally speaking, it means that goods with trademark rights are sold or transferred by trademark owners (including trademark owners and licensees), and the trademark rights of the specific goods have been exhausted, so there is no right to prohibit others from selling the goods in the market or directly using them. This theory has been accepted by most countries in the world explicitly or implicitly, but there are different understandings of its exact content. Even in a country, scholars have different views on this theory. Therefore, neither the Paris Convention for the Protection of Industrial Property nor the TRIPS Agreement has made detailed provisions. As a result, there are disputes in academic circles about whether the trademark right is exhausted and what rights the trademark owner has exhausted after the sale of the trademark right goods, which has formed a theoretical fuzzy zone. Theory is the guidance of practice, but the fuzziness of theory also brings controversy in practice.