Community trade marks; EU law; Exhaustion of rights; Infringement; Parallel imports; Portugal The most decisive Portuguese judicial decision on the exhaustion of intellectual property rights, specifically on the exhaustion of trade mark rights, was issued in February of 2011. The case concerned a supermarket chain selling backpacks bearing a registered trade mark without having previously obtained the consent of either the relevant trade mark owner or authorised resellers. Citing several rulings of the ECJ, the court held that the exhaustion of trade mark rights does not apply to goods first marketed outside the EEA and then imported into it.
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