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In the German legal system, the principle of exhaustion of intellectual property rights is either particularly stated or at least recognised as a leading principle; in this regard, sections 17(2), 69c(3) second sentence of the Copyright Act; section 24 Trademark Act; section 48 Design Act shall be mentioned. In contrast, the German Patent Act lacks an explicit legal basis for the principle of exhaustion; however, its existence is doubted by no means. The German Supreme Court (BGH) has repeatedly acknowledged the exhaustion principle as a precautionary principle for the entire IP law.
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