Exhaustion of trade mark rights and parallel imports in Canada
Bibliographic record
Abstract
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.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.002 | 0.005 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.002 | 0.004 |
| Science and technology studies | 0.019 | 0.011 |
| Scholarly communication | 0.007 | 0.002 |
| Open science | 0.002 | 0.004 |
| Research integrity | 0.004 | 0.005 |
| Insufficient payload (model declined to judge) | 0.006 | 0.000 |
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.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".