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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.
This volume investigates the fundamental legal tension between the territorial nature of intellectual property rights and the European Union's mandate for the free movement of goods and services. David T. Keeling, a seasoned legal expert, utilizes a rigorous analytical framework to examine how the European Court of Justice navigates this conflict. By synthesizing case law and regulatory theory, the text provides a comprehensive evaluation of how exclusive rights interact with the internal market's competitive structure.
What You Will Find
Legal scholars and practitioners frequently cite this work as a foundational text for understanding the historical and theoretical development of EU intellectual property law. Experts highlight the author's ability to distill complex judicial reasoning into a coherent framework for interpreting the limitations on intellectual property rights.
Page Count:
456
Publication Date:
2004-04-08
Publisher:
Oxford University Press
ISBN-10:
0198259182
ISBN-13:
9780198259183
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