英文摘要 |
The principle of exhaustion applies to the placing of goods on domestic or foreign markets under a registered trademark by the proprietor or with his or her consent. Thus, the principle of exhaustion prohibits goods from being resold. Trademark rights are exhausted when goods are first transacted on markets, meaning that limits exist on the effects of registered trademarks when relevant consumers use or resell. Trademark parallel importation issues are related to the trademark principle of exhaustion. Whether the principle of exhaustion is applicable influences the legality of trademark parallel importation regardless of whether the domestic and foreign trademark right owners have economic or legal relations. However, the principles of such determination are inconsistent. This article discusses the Taiwan Intellectual Property Court’s 2016 Min-Shang-San-Zi-14 Case and whether the principle of exhaustion is applicable if the domestic and foreign trademark owners are different and if goods with foreign trademark owners have already been transacted, which requires the integration of theoretical and practical perspectives. |