Journal Article

A tale of whisky and sorrow: the Court of Justice says that misapplication of EU rules on exhaustion of trade mark rights is not a breach of public policy

Michele Giannino

in Journal of Intellectual Property Law & Practice

Volume 11, issue 6, pages 399-401
Published in print June 2016 | ISSN: 1747-1532
Published online July 2016 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpw041
A tale of whisky and sorrow: the Court of Justice says that misapplication of EU rules on exhaustion of trade mark rights is not a breach of public policy

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The Court of Justice of the European Union (CJEU) has clarified that a misapplication of the EU provisions on the exhaustion of trade mark rights made in a judgment delivered in one Member State does not constitute an infringement of an EU essential rule; therefore, such a misapplication cannot be considered as a breach of public policy within the meaning of Article 34(1) of EU Regulation 44/2001 upon which to rely to oppose, with the result that the said misapplication cannot be relied upon as ground of opposition to the recognition of that judgment in another Member State where an action for damages was brought for the losses caused by the execution of an unjustified customs seizure of trade-marked products.

Journal Article.  1460 words. 

Subjects: Intellectual Property Law

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