Intellectual property rights in EU law. Vol.1: Free movement and competition law

Abstract:

This book seeks to examine the relationship between intellectual property rights and the law of the European Community (EC). It is concerned particularly with patents, trade marks, copyright and related rights, design rights, designations of origin, plant breeders' rights and certain aspects of the law of unfair competition.

Following an introduction, ten chapters examine the relationship between intellectual property rights and the free movement provisions of the EC Treaty. They explore the tensions that arise between the territorial nature of intellectual property rights valid for the territory of a single Member State and the concept of a common single market. Chapters two to seven discuss the general principles established by the European Court of Justice, which has management of the problem. Chapters eight to ten deal respectively with the application of those principles to trade marks, patents, and copyright. The threats posed by misuse of intellectual property rights to the fundamental aims of EC competition policy are explored in chapter eleven.

The book includes a table of Cases, and tables of relevant EC, international and national legislation.

The work will interest scholars, students and practitioners engaged in European law studies as they relate to intellectual property law.

David T. Keeling is a Member of the Boards of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs).