Exhaustion of the industrial property right swithin the Scope of the Industrial Property Code No: 6769

Industrial property rights give certain powers to the right owner. One of these powers is the monopoly right of the industrial right holder to introduce its products to the market. The industrial right owner, who has the monopoly right, may want to intervene in the market activities after the product is released on the market. Since the monopoly right is unlimited, it may affect competition and free trade environment, it should be limited. In this sense legislator limited the monopoly right of the right holder in Act. No. 6769 (industrial property law) article 152. Accordingly, the right holder will not be able to intervene in market movements after it is put on the market with the conditions ofAct. No. 6769 article152. This is called the exhaustion principle of the right or the first sales doctrine. In this way, the free trade environment is protected and a balance between industrial rights and competition is achieved. The principle of exhaustion of right in the sense of Act. No. 6769 article 152 has been arranged as a common article in terms of all industrial rights. The geographical exhaustion regime adopted in our country with the Act. No. 6769 has been accepted as the international exhaustion regime. Accordingly, parallel import is free in our country. Parallel imports is the importation and sale of the original goods put on the market by the right owner or the persons authorized by the third parties through other channels in accordance with the law without the consent of the relevant right holder. Parallel imports have positive and negative effects on the country's economy. These effects were examined in our study, and a result was tried to be reached by comparing with other geographical regimes. In the first part of our thesis, a general description has been made regarding industrial rights. In the second part, the concepts related to the exhaustion principle are explained, and the exhaustion of industrial rights in the sense of SMK is examined separately. Keywords: Industrial Property Rights, Intellectual Property, Trademark, Patent, Exhaustion Principle.