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V. Conclusion

Different countries adopt different solutions regarding the principle of IP
exhaustion based on a variety of conditions, including the size of national markets, level

of development, as well as historical and geopolitical factors. National solutions may
evolve and change, depending on changes in these conditions and national interests.
Free trade areas and regional organizations are also created based on a variety of (often

diverse) national interests of the participants. When one of the objectives of these areas
or organizations is the creation of regional internal market, consistent national rules on
IP exhaustion are necessary, even when this may imply changes in national policies.

In the future, ASEAN Members may need to decide on a common strategy guaranteeing
free movement of goods within ASEAN, including the regulation of domestic policies
on IP exhaustion. As ASEAN Members may prefer to continue following the ASEAN

Way and avoid interference into other members’ national policies, ASEAN Members
could opt for domestic solutions of international exhaustion for all IP rights, facilitating

the free movement of goods within ASEAN and leaving ASEAN Members free to
decide their domestic trade policy with other countries.

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