Chapter

The specific subject-matter of the right

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/9780198259183.003.0006

Series: Oxford European Union Law Library

The specific subject-matter of the right

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The greatest defect in the existence/exercise distinction is that it is too vague to be of much use by itself. It provides no guidance as to when the exercise of the right will fall foul of Articles 28 and 30. Those who criticize the European Court of Justice on this ground are perhaps being a little harsh. They are ascribing to the distinction ambitions which it never pretended to have. It was never meant to solve, by itself, all the problems that arise as a result of the conflict between intellectual property rights and the free movement of goods. In fact, it is doubtful whether it was meant to solve any specific problem.

Keywords: European Court of Justice; Article 28; Article 30; intellectual property rights; free movement of goods; existence/exercise dichotomy

Chapter.  6917 words. 

Subjects: Intellectual Property Law

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