Exhaustion of Rights and Common Principles of European Intellectual Property Law
Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review
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Exhaustion of Rights and Common Principles of European Intellectual Property Law. / Schovsbo, Jens Hemmingsen.
Common Principles of European Intellectual Property Law. ed. / Ansgar Ohly. Tübingen : Mohr Siebeck, 2010. (SSRN Accepted Papers Series http://ssrn.com/abstract=1549526).Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review
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TY - CHAP
T1 - Exhaustion of Rights and Common Principles of European Intellectual Property Law
AU - Schovsbo, Jens Hemmingsen
PY - 2010
Y1 - 2010
N2 - This article discusses whether or not Common Principles exist in EU law regarding exhaustion of rights ("first sale"). Traditionally, the law of the EU-countries conceptualized exhaustion in two different ways: Either "Contract" (e.g. UK law) or "Principle of exhaustion" (e.g. German law). Whereas, the first model left much to the parties - e.g. to decide on parallel importation - the second is based on precise rules in the IPR legislation. Early on, EU law opted for the exhaustion model. It is pointed out, that this was the logical method to apply in EU law because of the strong policy goals of Market Integration. On the basis of case law on the concept of "consent" from the Trade Marks-Directive a Common Principle is then established. According to this, the legal framework for understanding the exhaustion rules is IPR and not national contract law. The Principle would seem to have horizontal effects and apply also outside of trade mark law e.g. to copyright.
AB - This article discusses whether or not Common Principles exist in EU law regarding exhaustion of rights ("first sale"). Traditionally, the law of the EU-countries conceptualized exhaustion in two different ways: Either "Contract" (e.g. UK law) or "Principle of exhaustion" (e.g. German law). Whereas, the first model left much to the parties - e.g. to decide on parallel importation - the second is based on precise rules in the IPR legislation. Early on, EU law opted for the exhaustion model. It is pointed out, that this was the logical method to apply in EU law because of the strong policy goals of Market Integration. On the basis of case law on the concept of "consent" from the Trade Marks-Directive a Common Principle is then established. According to this, the legal framework for understanding the exhaustion rules is IPR and not national contract law. The Principle would seem to have horizontal effects and apply also outside of trade mark law e.g. to copyright.
M3 - Book chapter
T3 - SSRN Accepted Papers Series http://ssrn.com/abstract=1549526
BT - Common Principles of European Intellectual Property Law
A2 - Ohly, Ansgar
PB - Mohr Siebeck
CY - Tübingen
ER -
ID: 17494869