Chapter

The conflict between intellectual property rights and the principle of free movement

David T. Keeling

in Intellectual Property Rights in EU Law Volume I: Free Movement and Competition Law

Published in print January 2004 | ISBN: 9780198259183
Published online March 2012 | e-ISBN: 9780191681912 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198259183.003.0003

Series: Oxford European Union Law Library

The conflict between intellectual property rights and the principle of free movement

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Article 30 recognizes the existence of a conflict between intellectual property rights and the free movement of goods. It resolves that conflict by giving priority to intellectual property rights. But it confers only a qualified priority on such rights. It does not grant Member States carte blanche to erect barriers to trade between Member States in the name of intellectual property. The restriction on trade must be ‘justified’ and it must not constitute ‘arbitrary discrimination’ or a ‘disguised restriction on trade between Member States’.

Keywords: intellectual property rights; free movement of goods; Member States; trade barriers; trade restrictions

Chapter.  3791 words. 

Subjects: Intellectual Property Law

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