THE PRINCIPLE OF EXHAUSTION OF RIGHTS IN TURKEY*

Abstract

The main aim of this article is the application of the principle of exhaustion of rights in Turkey. The principle of exhaustion of rights plays an important role in the parallel import of patented or trademarked goods. It is a subject that concerns intellectual property rights (IPRs) and competition law. That is why it is an issue of interest particularly for the licensing and thereby the transfer of technology and its regulation, which is an area of which IPRs and competition law come together. The discussion is based on which type of the exhaustion of right principle has been applied in Turkey and the legal problems thereupon. It is of vital importance to clarify the existing legal uncertainty in this area; consequently uniform decisions can be given by the legal authorities on important trade related issues. Firstly, an explanation of the principle of exhaustion of rights and its differing types will be given. Then varying arguments on which type of the exhaustion of rights principle is and should be applied will be discussed based on different authors. Examples of cases by the legal authorities will follow to elucidate the subject further. Finally, suggestions will be given supported by the deductions made throughout the discussions.

Keywords

• PRINCIPLE
• EXHAUSTION
• RIGHTS

THE PRINCIPLE OF EXHAUSTION OF RIGHTS IN TURKEY*

Abstract

The main aim of this article is the application of the principle of exhaustion of rights in Turkey. The principle of exhaustion of rights plays an important role in the parallel import of patented or trademarked goods. It is a subject that concerns intellectual property rights (IPRs) and competition law. That is why it is an issue of interest particularly for the licensing and thereby the transfer of technology and its regulation, which is an area of which IPRs and competition law come together. The discussion is based on which type of the exhaustion of right principle has been applied in Turkey and the legal problems thereupon. It is of vital importance to clarify the existing legal uncertainty in this area; consequently uniform decisions can be given by the legal authorities on important trade related issues. Firstly, an explanation of the principle of exhaustion of rights and its differing types will be given. Then varying arguments on which type of the exhaustion of rights principle is and should be applied will be discussed based on different authors. Examples of cases by the legal authorities will follow to elucidate the subject further. Finally, suggestions will be given supported by the deductions made throughout the discussions. 

Keywords

• PRINCIPLE
• EXHAUSTION
• RIGHTS

References

1. Albert, F. & Heath, C. (1997). "Dyed But Not Exhausted: Parallel Imports and Trade Marks in Germany". IIC, p.29.
2. Ankan, A.S. (2002). "Fikri ve Smai Haklarm Tiikenmesi ve Rekabet Hukuku". Uluslararasz Hukuk Kurultayz 2002. Ankara, p.754.