چکیده:
The doctrine of enforcement of right is very effective in competition and free market trade. Trademark rights are among intellectual property rights that have a closer relationship with the market and trade than other branches. The Law on Patents, Industrial Designs and Trademarks approved in 1386 refers to the doctrine of enforcement of right in the field of trademarks. The exclusive rights that trademark rights create are beneficial to the producer on the one hand and to the consumer on the other. The intersection of consumer and producer rights in this case has always made it impossible to enforce the right regarding trademarks. This research examines whether consumer rights can prevent the application of the doctrine? In general, it should be said that in any case where the application of the doctrine creates conditions under which the consumer is mistaken or misled about the origin of the goods, it should not be accepted.
خلاصه ماشینی:
The court, in response to the complaint of the original perfume owner, stated that erasing the codes disrupts the appearance of the product and creates confusion, and furthermore, this erasure may create the perception for the consumer that the goods are damaged, therefore, in this regard, the doctrine of exhaustion of rights is not applicable.
In this section, considering that consumer rights can affect the process of applying the doctrine of exhaustion of rights in the field of trademarks, matters that are effective in presenting goods are examined, such as repackaging, considering that packaging plays a significant role in consumer selection and decision-making, using the packaging of purchased goods with regard to the consumer’s ownership rights over that packaging, and finally warranties and after-sales services that belong to the goods and are among the consumer rights.
In this regard, it should be said that where the packaging has a separate economic value and is produced with the intention of reuse, the doctrine of exhaustion of rights applies and a third party can collect them, fill them and re-offer them, but it should not be forgotten that the important issue is whether the refilling of products offered in the market is done in a way that creates the perception that there is a commercial connection between the trademark owner and the third party?
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