In discussions among domestic scholars, there are also different views on this issue. Some scholars believe that the exhaustion of rights can be divided into three situations: international exhaustion, domestic exhaustion, and regional exhaustion; some scholars believe that the exhaustion of rights means international exhaustion; and some scholars believe that the exhaustion of rights can only be international exhaustion. All. Different claims will bring different results. Regional exhaustion is based on treaties or multilateral agreements, and its territorial scope is limited to the contracting parties. There is no substantial difference between regional exhaustion and domestic exhaustion. The most typical example is the European Union. In order to resolve the conflict between the principle of free movement of goods within the EU and the territorial protection of trademark rights, the EU has established the principle of exhaustion of rights within the EU through legislation and jurisprudence, recognizing the legality of parallel imports from EU member states.

In essence, the principle of exhaustion of rights should mean that rights are exhausted on an international scale. It should not and cannot be exhausted domestically or regionally.

First of all, as a "identifying mark", a trademark's main function is to identify goods and distinguish different product providers. This function is achieved by combining trademarks with specific products. A pure trademark has no practical significance. Only when combined with goods can it become a tool and means for the subject of commodity rights to obtain property interests. The trademark owner affixes the trademark to its goods and puts them on the market. Consumers choose and purchase based on different trademarks, and the function of trademark rights is realized. What the exhaustion of trademark rights controls is the relationship between the circulation of physical objects and the trademark rights carried by the physical objects. That is, once the right holder or with the consent of the right holder puts it on the market, the trademark rights carried by it will be exhausted. The trademark owner's exclusive right to the goods bearing the trademark is one-time. He only enjoys the "exclusive right to put the goods on the market for the first time". No matter how he puts the goods on the market, he will not When the product was put on the market, benefits had been obtained, and his investment in trademark rights had been returned. Precisely because a trademark is meaningful when attached to a product, some scholars have proposed the concept of “trademark rights on specific products”. Because "the principle of exhaustion of rights can only be applied to each individual product, rather than to a certain model of product or a certain series of products, the purpose of the principle of trademark exhaustion is to prevent the trademark owner from claiming twice for the same product. Rights. In other words, the legitimate purpose guaranteed by the trademark owner’s exclusive right has been fully realized after the right owner has implemented the exclusive right to put the trademarked products on the market.”

Secondly, although the same trademark right is based on the laws of different countries and reflects the different legal relationships of the trademark legal systems of different countries, the content of the rights is basically the same. Trademark rights in the exhaustion of trademark rights are trademark rights acquired by the trademark owner in various countries, not just rights acquired in other countries. It should be noted that trademark rights are territorial, but exhaustion of rights does not mean the total exhaustion of trademark rights, or more accurately, the control of protected products through trademark rights after the first sale. rights have been exhausted. Moreover, trademark owners of the same trademark in different countries are often the same or related, and they can restrict each other through economic or legal ties. Such as the internal control of a multinational company or the licensor's restrictions on exclusive licensees, etc. For their own benefit, the trademark owner pays great attention to the quality of the goods. When signing a license agreement or contract, he usually makes some restrictions or regulations on the quality of the goods produced and distributed by the other party to ensure the goodwill of the trademark owner.

Thirdly, the main purpose of claiming domestic exhaustion of rights is to protect the interests of domestic trademark owners, while ignoring the interests of consumers. Because using domestic exhaustion of rights to prevent parallel imports will bring monopoly and separatism to the trademark owner, allowing it to make huge profits. Allowing parallel imports will give consumers more, more affordable and high-quality choices, and promote free competition for similar goods in the market. Parallel imports are genuine products, not counterfeit and shoddy goods. Therefore, preventing parallel imports is only to protect the goodwill and interests of the trademark owner, the quality of the goods and guarantee after-sales services, etc., which will bring greater losses to consumers. The current legal system has gradually shifted from simply protecting personal interests to emphasizing public interests. Sacrificing the interests of consumers is not in line with the requirements of today's society.

In addition, the current owners of intellectual property rights in the world are mainly concentrated in developed countries. They maintain their monopoly position in this field through strict intellectual property legal systems. There are monopolistic high prices on many commodities (such as medicines, etc.), which makes The inability of many developing countries to obtain this commodity makes it difficult to improve domestic social welfare, or even decline.