El principio de agotamiento al derecho exclusivo del titular de una marca de producto.

Abstract

The purpose of this degree work is to study the exhaustion of the owner's right to exclusive use of his trademark. As a consequence of the foregoing, the rights that the holder has through the granting of the trademark registration will be studied. Through this academic article, the institution of the Right of Exclusive Use of a Trademark will be analyzed in detail together with the characteristic elements and limitations that compose it. In the same way, the figure of the Exhaustion of the Trademark Right and its key role within the free market will be approached; by means of the explanation of a practical case, in which the reality of Ecuador is reflected in front of the scope of application of the Exclusive Use Right of the holder on the trademark. Finally, I will contrast the abusive procedures existing in the national norm with what is established in international norms on Intellectual Property. With this, I will demonstrate the incorrect intervention of the state; in front of procedures that far from watching over the rights of the trademark holder, violate the principles of free trade. With this research, I will show why the figure of the Exhaustion of the rights of the holder must be respected, guaranteed and properly implemented as a limit that allows the free commercialization of the products of the trademark.