التنظيم القانوني لاستنفاد الحقوق في إطار براءات الاختراع و نطاق تطبيقه الجغرافي : دراسة تحليلية مقارنة

الملخص EN

The majority of countries have tended to adopt the principle of exhaustion of rights as one of the restrictions imposed on the exclusive rights of the intellectual property owner, which is based on the basis that the intellectual property owner has received a financial compensation for his intellectual production, after he put his products embodying his exclusive rights for the first time on the market, and therefore not It is only fair that he is allowed to benefit again from the recurring profit and to control the actions that obtain the product after the first sale.

However, countries have not agreed on a specific set of rules of exhaustion.

One of the most controversial issues in international trade is the question of determining a unified standard determining the geographic scope of the exhaustion principle, as this constituted a hidden conflict between developed and developing countries over the scope of its application, and this conflict was reflected in the negotiations to establish the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).