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

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.