Erik Verbraeken
Johnson Controls

Three years ago, I wrote in this magazine an article « Recent Developments in the U.S. and the EU : The Exhaustion Theory Is Not Yet Exhausted” (LES Nouvelles September 2009). A recent decision of the European Court of Justice in the Oracle vs. UsedSoft case has brought new food for thought to the discussion of the boundaries of the perimeter of the exhaustion theory with respect to the commercialization (importation) of products that are subject to intellectual property rights;