The exhaustion doctrine is a cornerstone of intellectual property (IP) law limiting IP holders' control post-first sale, promoting competition and consumer access, even with varied national laws.
The United States leads in shaping international exhaustion norms with its established judicial framework, while China applies a civil law system tailored for its domestic and international market demands.
Despite legal differences, both the U.S. and China recognize the need to balance IP holder interests with the facilitation of free movement of goods under the exhaustion doctrine.
The article explores the varying applications of exhaustion doctrine in the U.S. and China, emphasizing its implications for international trade and IP law across trademarks, copyrights, and patents.
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