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from A - Intellectual “Property” and its Limits
Published online by Cambridge University Press: 29 December 2020
The legal concept of exhaustion is a unique attribute of intellectual property law. In essence it means that although an exclusive right in fact is granted, it can no longer be claimed if certain conditions are met – precisely because this right is “exhausted”. First and foremost,2 this is about the exclusive right of an IP right holder to disseminate an object embodying an IP right.3 In principle, this right is exhausted if the object in question has been put on the market4 lawfully, namely by the right holder himself or with his consent.5 Subsequent to this transaction, the exclusive right with respect to the object in question can no longer be asserted, in other words the right holder cannot prevent its resale, including resale for commercial purposes.
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