Intellectual Property Rights in EU Law Volume I
Free Movement and Competition Law
Series: Oxford European Union Law Library;
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Product details:
- Publisher OUP Oxford
- Date of Publication 29 January 2004
- ISBN 9780198259183
- Binding Hardback
- No. of pages456 pages
- Size 243x164x28 mm
- Weight 816 g
- Language English 0
Categories
Short description:
This volume describes the relationship between intellectual property rights and the law of the European Union. It examines the conflict between intellectual property rights and the free movement of goods and services under European law and analyses the various solutions to that conflict that have been adopted by the European Court of Justice. Finally, the volume examines the influence of EC competition law on the exercise of intellectual property rights.
MoreLong description:
This volume provides an in-depth analysis of the relationship between intellectual property rights (including patents, trade marks, copyright, and designs) and the law of the European Union. It examines the conflict between intellectual property rights (exclusive rights limited normally to the territory of a single Member State) and the principle of free movement of goods and services in the internal market. The various tests and theories propounded by the European Court of Justice in attempting to resolve that conflict are explained from a critical standpoint. The ramifications of the exhaustion-of-rights principle are explored and chapters of this volume are devoted to trade marks, patents, and copyright. Finally, the volume examines the limitations on the exercise of intellectual property rights as a result of EC competition law.
Volume 2 will cover EU legislation which has harmonized intellectual property law and created unitary intellectual property rights such a the Community trade mark.
Table of Contents:
The Scope of the Undertaking
The Free Movement of Goods and Services: an Overview of the Basic Principles
The Conflict between Intellectual Property Rights and the Principle of Free Movement
The Applicability of National Laws Governing the Creation of Intellectual Property Rights in the Absence of Harmonization
The Dichotomy between the Existence of the Right and its Exercise
The Specific Subject Matter of the Right
The Exhaustion of Rights
Trade Marks: the ECJ Case-law
Patents: the ECJ Case-law
Copyright: the ECJ Case-law
Competition Law
