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The first-sale doctrine (also sometimes referred to as the "right of first sale" or the "first sale rule") is a legal concept that limits the rights of an intellectual property owner to control resale of products embodying its intellectual property. The doctrine enables the distribution chain of copyrighted products, library lending, giving ...
The exhaustion doctrine, also referred to as the first sale doctrine, [1] is a U.S. common law patent doctrine that limits the extent to which patent holders can control an individual article of a patented product after a so-called authorized sale. Under the doctrine, once an authorized sale of a patented article occurs, the patent holder's ...
John Wiley & Sons, Inc., 568 U.S. 519 (2013), is a United States Supreme Court copyright decision in which the Court held, 6–3, that the first-sale doctrine exhausts copyright of the works lawfully made or purchased abroad.
The first-sale doctrine provides that a copyright owner "exhausts his exclusive statutory right to control its distribution" once he or she has sold the copyrighted item. [6] In ReDigi, the court held that the first-sale defense did not apply to ReDigi because first-sale only affects the copyright holder's distribution right, not reproduction ...
The exhaustion of intellectual property rights constitutes one of the limits of intellectual property (IP) rights. Once a given product has been sold under the authorization of the IP owner, the reselling, rental, lending and other third party commercial uses of IP-protected goods in domestic and international markets are governed by the principle.
In the first major business decision of the 2010 October term, the U.S. Supreme Court has decided that Swatch's Omega (SWGAY) can effectively control the pricing of its luxury watches in the U.S ...
In this case, Maxwell's argued that the first sale doctrine [5] protected their right to operate the viewing booths. That is, their activities didn't require the copyright owner's authority. However, the court regarded the defendants' "first sale" argument as merely another aspect of their main argument that their activities were not public.
The IPO supports ending such game-playing and allowing gray-market goods, but it wants to avoid using the first-sale doctrine to achieve that end. As a result IPO would have the Court send the ...