Exceptions to Trade Mark Exhaustion: Inalienability Rules for the Protection of Reputational Economic Value
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Volume
2021
Publisher
Journal
European Intellectual Property Review
Issue
ISSN
0142-0461
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This article analyses the exceptions to the principle of
exhaustion of trade mark rights from the perspective of
the functions theory and the concept of inalienability
rules. Despite its traditional hostility towards the
imposition of restrictions to the alienation of chattels, the
law often chooses to protect entitlements through
inalienability rules with a view to achieving economic
efficiency.