Trademark Law and Theory
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Trademark Law and Theory

A Handbook of Contemporary Research

Edited by Graeme B. Dinwoodie and Mark D. Janis

This important research Handbook brings together a set of illuminating works by the field’s leading scholars to comprise one of the broadest and most far-reaching overviews of trademark law issues. Organized around three areas of inquiry, the book starts by offering a rich variety of methodological perspectives on trademark law. Reflecting the multifaceted nature of contemporary trademarks, contributors have drawn from law and economics, political science, semiotic theory, and history. The Handbook goes on to survey trademark law’s international landscape, addressing indigenous cultural property, human rights issues, the free movement of goods, and the role of substantive harmonization. It concludes with a series of forward-looking perspectives, which focus on trademark law’s intersection with the laws of advertising and free speech, copyright law, cyberspace regulation, and design protection.
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Chapter 9: The trademark law provisions of bilateral free trade agreements

Burton Ong


8 The free movement (or not) of trademark protected goods in Europe Thomas Hays* I. Community law of free movement The Treaty of Rome1 established a common market in Europe using the free movement of goods and services within that market as a primary means of achieving economic integration. EC Treaty Article 28 allows goods to enter one Member State of the European Union from another Member State (the front door of free movement) without governmental interference at the border. Article 29 allows goods to leave a Member State, again without national restrictions on exports. There are limited exceptions to these principles, mostly based on health and safety grounds, and now primarily exploited at customs in relation to specially taxed products, such as alcohol and tobacco, and regulated, potentially dangerous items, such as pharmaceuticals and explosives.2 * Ph.D. (Cambridge); Lewis Silkin LLP, London; CIER, the Molengraaff Institute, Utrecht. 1 Treaty Establishing the European Economic Community, Rome, March 25, 1957, Ts.1 (1973) Cmnd 5179, 298 U.N.T.S. 11 (1958), as amended by the Single European Act, O.J. 1987, 169/1, [1987] 2 CMLR 741, as amended by the Treaty on European Union, Maastricht, February 7, 1992, O.J. 1992, C 224/1, [1994] 1 CMLR 719, as amended by the Treaty of Nice, March 10, 2001, O.J. 2001, C 80/1; as amended by the Treaty on European Union and the Treaty Establishing the European Community, December 24, 2002, O.J. 2002, C 325/5, 33 [hereinafter the EC Treaty]. 2 Art. 28 (ex 30) of the EC Treaty...

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