Commercial Litigation Lawyers

The doctrine of exhaustion, also known as the “exhaustion of rights” or “first sale” doctrine, is a legal principle in intellectual property law, particularly patent law. It holds that once a patented product has been sold by the patent holder or with their consent, the patent holder’s exclusive rights over that specific item are considered “exhausted.” This means the patent holder can no longer control the use, resale, or distribution of the product after it has been sold.

Trademark infringement in Australia occurs when a person or entity uses a mark that is identical or deceptively similar to a registered trademark, without the consent of the trademark owner, and the use of that mark causes confusion in the marketplace. Australia has a comprehensive framework for protecting intellectual property (IP) rights, and trademark infringement is dealt with under the Trade Marks Act 1995 (Cth) (“the Act”), as well as common law principles.