The regulations of exhaustion of intellectual property rights in the Republic of Armenia

Abstract

In the scope of this Thesis Paper intellectual property right exhaustion regime as well as the IPR protection and Customs Body assistance mechanisms in the Republic of Armenia are described in detail. Additionally, the most remarkable features of various international best practices are illustrated. And mostly, this Thesis Paper through substantial interviews and profound studies aims to reveal the most common and crucial hazards and obstacles in the field and provide with possible remedies for existing problems. It can be useful content in one hand for IPR holders to realize the sphere, the possible obstacles they may face etc. On the other hand, it can be convenient for investors and people from abroad, who wants to establish some business, or to invest in Armenia, or to make imports or exports through Armenian borders. This paper can serve as a guideline for them, to visualize current regulations and existing practice in Armenia. Additionally, it can be beneficial for state authorities to focus on actual gaps and imbalances in current regulations, to direct them towards possible solutions and development of the field. Thus the most notable issues, that are discussed in the scope of this Thesis Paper are the following: Overburdening obligation on Intellectual Property Right holder, while submitting an Application for Suspension, Granting Customs Body Officers with a right to decide by themselves, whether to provide IPR holders with information on IPR infringing goods or not, The ten plus ten days term for IPR holders to undertake necessary measures, and the dissonance with terms under the Civil Procedure Code, Misunderstanding or misinterpretation of the article on securing the claim.