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Chapter Summary

Exhaustion fundamentally concerns the scope of the rights arising out of intellectual property. It describes the right holder's loss of the right of control over the subsequent use of the protected subject matter which arises the first time it is put into circulation. Article. 6 states that "for the purposes of dispute settlement under this Agreement nothing in this Agreement shall be used to address the issue of the exhaustion of intellectual property rights." The key element of exhaustion in general is consent. Only acts done with the free and informed consent of the patent owner give rise to the exhaustion of patent rights.

Keywords: dispute settlement; exhaustion; intellectual property rights



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