Free Movement of Goods and Intellectual Property Exhaustion in ASEAN: a Road Block in the ASEAN Way?
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In this chapter, I analyze the relationship between IP rights and the principle of free movement of goods in the context of cross-border trade among the countries that are members of ASEAN. Building upon my previous research on this topic with respect to the EU and other free trade areas such as NAFTA, I analyze the application of the principle of IP exhaustion - according to which owners of IP rights are no longer entitled to control the distribution of their products after the first lawful sale in the market - and the impact of the existing national variations in the application of this principle among ASEAN members on the free movements of goods within ASEAN. In particular, I assess the type of domestic positions adopted today by ASEAN Member States on trademarks, patents and copyright exhaustion and whether these domestic positions permit the importation of genuine goods from other ASEAN members.
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Hsieh, P., & Mercurio, B.
ASEAN Law in the New Regional Economic Order: Global Trends and Shifting Paradigms