Exhaustion,doctrine,Normal,fal law Exhaustion doctrine
Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi
Normal 0 false false false MicrosoftInternetExplorer4 st1\:*{behavior:url(#ieooui) } /* Style Definitions */ table.MsoNormalTable{mso-style-name:"Table Normal";mso-tstyle-rowband-size:0;mso-tstyle-colband-size:0;mso-style-noshow:yes;mso-style-parent:"";mso-padding-alt:0in 5.4pt 0in 5.4pt;mso-para-margin:0in;mso-para-margin-bottom:.0001pt;mso-pagination:widow-orphan;font-size:10.0pt;font-family:"Times New Roman";mso-ansi-language:#0400;mso-fareast-language:#0400;mso-bidi-language:#0400;}Exhaustion doctrine, doctrine ofexhaustion, or first sale doctrine, are three different names referring to thefirst unrestricted sale of a patented item exhausts the patentee's control overthat specific item. Generally speaking, it is asserted as an affirmativedefense to charges of patent infringement, but is less usually assertedaffirmatively in a declaratory judgment action.In other words, it is a conceptin intellectual property law whereby an intellectual property owner will giveup or "exhaust" certain rights after the first use of the subjectmatter which is the subject of intellectual property rights. For example, theability of a trademark owner to control further sales of a product having itsmark are typically "exhausted" following the sale of that product.The doctrine of "patentexhaustion." also refers to that same doctrine as It is closely related to(and sometimes conflated with) the doctrine of implicit license, and is oftenasserted in conjunction with claims of equitable estoppels or legal estoppels. The concept typically arises inthe parallel imports context, and may therefore be related nationally,regionally or internationally, such that if a right becomes"exhausted" in one area or jurisdiction, an intellectual propertyowner may not be able to enforce its rights in another area or jurisdiction.Different countries confine theapplicability of the doctrine of exhaustion in relation to different productsin different ways.United States: casesinvolving the first-sale doctrineIn Jazz Photo Corp. v. UnitedStates International Trade Commission, 59 USPQ 2d 1907 (Fed Cir August 212001), Fuji Photo Film claimed that the user of a single-use camera was notallowed to remove the film, process it, replace the battery, or package it in anew cardboard container, by labeling the camera with a warning that thepurchaser should not open camera. The ITC held that these steps amounted toreconstructing the camera and infringement of the patents. The decision wasreversed by the Federal Circuit based on the fact that the labeling was not anenforceable restriction on the use of the camera, that "no licenselimitations may be implied from the circumstances of sale" (59 USPQ 2d at1917), and that the challenged activities merely repaired the camera andextended its useful life. However, in the same decision, the Federal Circuitconfirmed that the U.S.follows what is called the "territorial exhaustion doctrine," whichprovides that a U.S. patentis only given up by a sale made in the United States. As the disposablecameras in question were sold and repackaged abroad, there was no exhaustion ofthe U.S. patent, and resaleof the refurbished device in the United States amounted toinfringement. The defendant was only permitted to obtain cameras originallysold in the U.S. torefurbish and resell in the U.S.,because those original sales (having been made in the U.S.) effectively exhausted the patentee'srights under the U.S.patent. Article Tags: Exhaustion Doctrine, Intellectual Property, United States
Exhaustion,doctrine,Normal,fal