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Vol 21 No 11 Nov/Dec 2016

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Intellectual Property Rights in EU Law: Vol 1


ISBN13: 9780198259183
ISBN: 0198259182
Published: May 2006
Publisher: Oxford University Press
Format: Hardback
Price: £132.50



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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.

Subjects:
Intellectual Property Law
Contents:
1. The Scope of the Undertaking; 2. The Free Movement of Goods and Services: an Overview of the Basic Principles; 3. The Conflict between Intellectual Property Rights and the Principle of Free Movement; 4. The Applicability of National Laws Governing the Creation of Intellectual Property Rights in the Absence of Harmonization; 5. The Dichotomy between the Existence of the Right and its Exercise; 6. The Specific Subject Matter of the Right; 7. The Exhaustion of Rights; 8. Trade Marks: the ECJ Case-law; 9. Patents: the ECJ Case-law; 10. Copyright: the ECJ Case-law; 11. Competition Law