Table of Contents

EU Copyright Law

EU Copyright Law

A Commentary

Elgar Commentaries series

Edited by Irini A. Stamatoudi and Paul Torremans

Presenting a comprehensive and up to date article-by-article analysis of all EU law in the area of copyright, as well as of the underlying basic concepts and principles, this unique book takes into account all recent legislative amendments and pending initiatives in the context of the EU Digital Agenda, as well as the case law of the Court of Justice of the European Union. Published as part of the Elgar Commentaries series, it discusses challenges for the future that will underpin copyright in the years to come. It also presents ongoing discussions in WIPO and assesses the role of copyright in society and economy both from an EU and an international perspective. It is a thorough and in-depth analysis from a team of leading experts in the field, which combines aspects of theory and practice and places copyright in perspective.


Benedetta Ubertazzi

Subjects: law - academic, intellectual property law, law -professional, intellectual property law


Intellectual property rights (hereinafter: IPRs) attribute to their owners, inter alia, the exclusive right to control the number of exemplars incorporating the IPR protected works that are placed on a market, i.e. to control their distribution. Under a principle common to continental and common law countries, the IPR owner loses his right to control the resale of said exemplars once they are placed on the relevant market either by himself or with his consent. This principle is called the 'exhaustion of intellectual property rights' and is 'nothing more than a figurative expression to describe the idea that once genuine goods have been marketed [by the IPR owner or with his consent] subsequent distribution should not be impeded by [IPR] action'. The exhaustion of IPRs can be of a national, regional or international/global nature. When country A follows a national exhaustion regime the IPR owner does not lose his/her (hereinafter: his) right to resell and to oppose the importation of the IPR-protected products in country A, even if these products were already sold by him/her (hereinafter: him) or with his consent in State B. A national exhaustion system is followed for instance in the United States of America (USA). In contrast, when country A follows an international exhaustion system, the sale of IPR protected goods by or with the IPR owner's consent in any part of the world results in the exhaustion of his right to control any reselling of the same goods in country A.

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