The Exhaustion Doctrine in the Domain of Trademarks from the Perspective of Consumers Rights

The exhaustion doctrine is significantly effective in the domain of free trade and competition in markets. Among intellectual property rights are trademarks rights which, more than other branches of such rights, relate to market and trade. The Patents, Industrial Designs, and Trademarks Registration Act of 2007 refers to the exhaustion doctrine in the domain of trademarks. The exclusive rights established by the trademarks rights do benefit both the producer and the consumer. The converge of these rights, i.e. the rights of consumers and producers, makes it impossible to exhaust trademarks rights at all times because confusion and incorrect perception on the part of consumers can be an obstacle.