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Chapter Summary

Art. 16.1 provides the trademark owner with a guaranteed minimum protection. It establishes protection beyond the prior existent system of international trademark law conventions as it guarantees "exclusive rights" to trademark owners that were so far limited to protection against unfair competition under Art. The structure of Art. 16.1 favours the principle of international exhaustion of trademark rights. The scope of identity protection afforded by Art. 16.1 directly concerns the core of the exhaustion issue, i.e. the right to control the distribution of the protected product after its first release into circulation by virtue of the rights conferred by the trademark. Art. 16.1, sentence 3, sub-sentence 1 envisages that the rights conferred by Art. 16.1 and Art. 16.2 "shall not prejudice any existing prior rights.".

Keywords: exclusive rights; international exhaustion; trademark



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