Doctrine of international exhaustion
The
doctrine of international exhaustion is a term used in the debate over
parallel importation. The concept holds that where a
trade mark correctly identifies the ultimate source of the product being imported, the use of the trade mark is not misleading. As trade marks are considered to be badges of origins, this principle stands in line with trade mark law: it is considered an impediment, however, to the interests of
intellectual property owners in preventing parallel importation, which undermines their profits.