Each country has their own approach
Smith 14, B.S. Finance, B.A. Spanish, University of Florida (2012); J.D./M.B.A. candidate, May 2016, Wake Forest University School of Law and Wake Forest University School of Business; Staff Member 2013-14, Wake Forest Journal of Business and Intellectual Property Law. (B. Chase, Summer 2014, ARTICLE: INTERNATIONAL OR NATIONAL EXHAUSTION: THE NEED FOR LEGISLATIVE INTERVENTION REGARDING THE FIRST SALE DOCTRINE, 14 Wake Forest J. Bus. & Intell. Prop. L. 578, 587. Lexis accessed online via KU libraries)
Since intellectual property law is territorial in nature, intellectual property creators may own parallel intellectual property rights in a variety of jurisdictions. 59 For example, Wiley has parallel intellectual property rights to publish, print, and distribute its textbooks in both Thailand and the United States. 60 The relationship between these parallel intellectual property rights is really the core of the first sale question posed to the Kirtsaeng court. According to the Court, "[t]here is no international consensus on whether the sale in one country of a good incorporating protected intellectual property exhausts the intellectual property owner's right to control the distribution of that good elsewhere." 61 Without such an agreement, individual countries have chosen their own exhaustion approaches. 62 In Kirtsaeng, the Supreme Court discussed two different exhaustion options. 63 First, a national exhaustion regime holds that a copyright owner's right to control distribution of a particular copy is exhausted only within the country in which the copy is sold. 64 In a national exhaustion regime, each parallel intellectual property right is treated as a separate national right and is fully enforceable in its jurisdiction. 65 The copyright owner may block the importation of even authorized products first sold in another jurisdiction, thereby allowing copyright owners of parallel intellectual property rights to divide global markets to account for differences in supply and demand. 66 So the sale of a foreign edition textbook in Thailand would exhaust Wiley's right to control that edition only in Thailand. Wiley would not have made a first sale in the United States, and thus would still have the exclusive distribution right of the foreign edition textbook within American borders.