The great investment, both economic and intellectual, involved
in the development of new technologies and distinctive signs that
are subsequently subject to Intellectual Property rights such as
trademarks and patents, makes holders of such rights yearn for them
to be unlimited. However, in order to promote free trade and
competition for the benefit of consumers, legislation has set
limits on industrial property rights.
These limits are often ignored by right holders, who often must
understand that there are uses of their stretchers or patents that
no longer depend on their authorization or control and must accept
it.
The exhaustion of the right is one of those limits to the
exclusive rights of Intellectual Property and what it implies for
its owner is the loss of control over the subsequent distributions
that are carried out with the product (protected by a trademark or
patent), for once it is inserted in the market, the possibility of
preventing the