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63. Mr.Pravin Anand, learned counsel for the respondents had
drawn our attention to the views expressed by international bodies such as
International Trade Mark Association, International Chamber of Commerce
and International Association for the Protection of Intellectual Property and
had highlighted therefrom the gains and the losses to the stakeholders if the
Principle of National Exhaustion or the Principle of International Exhaustion
was adopted; and had highlighted that the gains from the adoption of the
Principle of National Exhaustion far outweighed the gains to the consumer
from the adoption of the Principle of International Exhaustion. Learned
counsel had highlighted that from an economic point of view, the Principle of
National Exhaustion was more favourable. Tabulated in a chart, keeping in
view the stakeholder : consumer, right holder and importer the gain and the
loss would be:-