Chapter

The applicability of national laws governing the creation of intellectual property rights, in the absence of harmonization

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/9780198259183.003.0004

Series: Oxford European Union Law Library

The applicability of national laws governing the creation of intellectual property rights, in the absence of harmonization

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The European Court of Justice has consistently held that, in the absence of harmonization by the Community institutions, it is for national law to determine the procedures and conditions governing the grant of intellectual property rights. On the face of it, that might appear to be nothing more than a harmless statement of the obvious. Clearly, if there is no Community legislation on a particular matter, the relevant rules must be sought in national law, subject of course to compliance with the Treaty rules on the free movement of goods and with the general principles of Community law, such as the principle of non-discrimination. In that respect, intellectual property is no different from any other area regulated by law, such as technical standards applied in the production of lawnmowers or rules on the composition of animal feeding-stuff.

Keywords: national laws; intellectual property rights; European Court of Justice; free movement of goods; procedural rules; Community legislation

Chapter.  10330 words. 

Subjects: Intellectual Property Law

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