Exhaustion of intellectual property rights - Appendix

ICC conducted a survey in July 1999 to obtain the views of its membership on the issue of the international exhaustion of intellectual property rights.

A questionnaire (annex 1) was prepared requesting respondents to state if they were against, in support of, or were neutral with respect to, international exhaustion in the areas of patents, trademarks and copyrights. This was sent to members of the ICC Commission on Intellectual and Industrial Property and to ICC national committees in 70 countries, which in turn sent this to their national members.
The replies to the questionnaire were analyzed according to business sector and region. 13 broad business sectors were identified (Pharmaceuticals, Chemicals, Cosmetic Industry, Engineering, Information Computer Software and Entertainment, Telecommunications and Information Technology, Household Equipment and Electronics, Domestic Consumer Goods, Automobile and Transport, Retail, Legal and Intellectual Property Consultants, Pan-industry Organizations, and Miscellaneous) and 4 regions (Europe, USA, South America and Asia).

The replies were broken down into percentages of those taking position for and against international exhaustion. These percentages were further refined according to sectors and regions (annex 2).

The reasons provided by members justifying their positions were also summarized according to sector (annex 3).