Intellectual Property at the Crossroads of Trade

Intellectual Property at the Crossroads of Trade

ATRIP Intellectual Property series

Edited by Jan Rosén

The book comprises thoughtful contributions on varying commercial aspects of IP, from parallel imports of pharmaceuticals to exhaustion of rights, and from trade in goods of cultural heritage to regulation of goods in transit. There is detailed discussion of licensing, including cross-border elements, online licensing, and the potential for harmonisation in Europe. This precedes a multi-layered analysis of the Anti-counterfeiting Trade Agreement.

Chapter 1: EU competition law and parallel trade in pharmaceuticals: lessons to be learned for WTO/TRIPS?

Josef Drexl

Subjects: law - academic, intellectual property law


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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