ATRIP Intellectual Property series
Edited by Jan Rosén
Chapter 1: EU competition law and parallel trade in pharmaceuticals: lessons to be learned for WTO/TRIPS?
The principle of European exhaustion is among the most fundamental principles of European intellectual property (IP) law. Its development goes back to the period prior to the adoption of the Single European Act of 1986, when the European Court of Justice (ECJ) promoted market integration by limiting the application of national laws, including IP laws, which created barriers to trade between the Member States. In doing so, the Court relied upon the principle of free movement of goods and former Article 36 EEC Treaty (now Article 36 TFEU) to prevent Member States from applying a principle of national exhaustion.
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