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ARTICLE · 03 JANUARY 2017

Exhaustion Of Industrial Property Rights

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...

MexicoIntellectual Property
Felipe Torres
Felipe Torres

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

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