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Record W2481752133 · doi:10.1093/jiplp/jpw115

Exhaustion of trade mark rights and parallel imports in Canada

2016· article· en· W2481752133 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueJournal of Intellectual Property Law & Practice · 2016
Typearticle
Languageen
FieldSocial Sciences
TopicIntellectual Property Law
Canadian institutionsnot available
Fundersnot available
KeywordsLegislationDoctrineLegislatureInternational tradeEconomicsOrder (exchange)International economicsBusinessLawPolitical science

Abstract

fetched live from OpenAlex

It is well known that the classic doctrine developed at an international level to solve the issue of parallel imports of trade-marked goods is the doctrine of exhaustion of trade mark rights. 1 When the legislation of a country contains a provision on trade mark exhaustion, the conditions for exhaustion are usually quite clear. Among those conditions, the place where the goods imported in parallel have been put on the market by the trade mark proprietor or with his/her consent for the first time is particularly important. Indeed, on the basis of that condition, there are three types of exhaustion doctrine at an international level: national, 2 regional 3 or international 4 exhaustion of trade mark rights. However, if no provision on trade mark exhaustion is included in the legislation, the exhaustion regime recognized by a country can be defined only through its courts’ case law. Canada is one of the countries where there is no legislative provision on trade mark exhaustion. 5 The aim of this article is to examine Canadian case law on parallel imports of trade-marked goods in order to define the regime of exhaustion of trade mark rights envisaged in this country.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.003
metaresearch head score (Gemma)0.010
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesMetaresearch
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: Not applicable
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.628
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0030.010
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.001
Scholarly communication0.0000.001
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0010.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.023
GPT teacher head0.268
Teacher spread0.245 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it