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goods into the national market. The table below highlights again the current national
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policies on IP exhaustion by ASEAN Members:

Country Trademark Exhaustion Patent Exhaustion Copyright Exhaustion
Brunei Not Defined Not Defined Not Defined

Cambodia National International National
Indonesia Not Defined National (except Not Defined
pharmaceutical)

Lao PDR National Not Defined National
Malaysia International International National

Myanmar International No Applicable Law Likely National
Philippines International National (except National

pharmaceutical)
Singapore International International (except International

pharmaceutical)
Thailand International Not Defined Not Defined
Vietnam International International National

Certainly several (and possibly very legitimate) reasons for these national
divergences may exist which could be based on the current status of development and

the domestic trade policies of individual ASEAN Members, including free trade
agreement with non-ASEAN countries. As mentioned in Part II, IP exhaustion regulation
remains a delicate topic across many sovereign states, since regulating the enforcement

of national IP rights may have very relevant national trade policy implications. Thus,
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it is common for members of free trade agreements and free trade areas to ignore this
issue unless the intention is to promote free movement of goods within the free trade

117 See Irene Calboli & Mary LaFrance, The Case for a Legislative Amendment Against “Accessory
Copyright” for Gray Market Products: What Can the U.S. Learn from Singapore and Australia?, 2013 Sing. J. Legal
Stud. 253 (2013); Irene Calboli, Corporate Strategies, First Sale Rule, and Copyright Misuse: Waiting for Answers
from Kirtsaeng v. Wiley and Omega v. Costco (II), 11 Nw. J. Tech. & Intell. Prop. 221 (2013).
118 See supra Part II.

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