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.