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ISBN: 9780198259183

Published: 1 Jan 04

Availability: Available




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Intellectual Property Rights in EU Law

Volume I: Free Movement and Competition Law

First Edition

David T. Keeling

This volume describes the relationship between intellectual property rights and the law of the European Union. It examines the conflict between intellectual property rights and the free movement of goods and services under European law and analyses the various solutions to that conflict that have been adopted by the European Court of Justice. Finally, the volume examines the influence of EC competition law on the exercise of intellectual property rights.

Readership: Academics, practitioners, judges, patent and trade mark agents and attorneys. Those with a professional interest in intellectual property law.

Clear explanation of key concepts such as 'specific subject matter', the 'existence/exercise' distinction, and exhaustion of rights

An exhaustive analysis of the ECJ case law on trade marks, patents, and copyright

will appeal to academic lawyers and practitioners alike

A second volume will describe the harmonization of intellectual property law undertaken at European level and the creation of unitary rights such as the Community trade mark

1: The Scope of the Undertaking
2: The Free Movement of Goods and Services: an Overview of the Basic Principles
3: The Conflict between Intellectual Property Rights and the Principle of Free Movement
4: The Applicability of National Laws Governing the Creation of Intellectual Property Rights in the Absence of Harmonization
5: The Dichotomy between the Existence of the Right and its Exercise
6: The Specific Subject Matter of the Right
7: The Exhaustion of Rights
8: Trade Marks: the ECJ Case-law
9: Patents: the ECJ Case-law
10: Copyright: the ECJ Case-law
11: Competition Law

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

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