CHALLENGES OF EXHAUSTION DOCTRINE IN INTELLECTUAL PROPERTY RIGHTS SYSTEM

The Exhaustion Doctrine permits a lawful purchaser of IPR item to use or resale & … that item in spite of the monopoly rights set forth in IPR Acts. The exhaustion of intellectual property rights is currently giving rise to a good number of questions which represent many challenges. The paper discuses that how exhaustion has been incorporated in legal systems and focuses on the new tension. The growth of digital technology, has changed the means of disseminating many types of works and, as a result, has undermined this doctrine, This is the question that how The doctrine will applied in digital network. Also, in many situations in biotechnology, the replication, or "making", of the organism or composition is an essential element in utilization but the doctrine says other things, thus how extensively this Doctrine will be applied in biotechnology. َDuring the GATT TRIPS negotiations, there was extensive discussion of the exhaustion issue, but governments did not come close to agreeing upon exhaustion rules in WTO. They instead agreed that each WTO Member would be entitled to adopt its own exhaustion policy. However, this article analyses the legal challenges that there are in course the exhaustion of rights.