International Intellectual Property Law Statement: “If a right related to copyright is relied upon to prevent the marketing in a Member State of products distributed by the holder of the right or with his consent on the territory of another
Member State on the sole ground that such distribution did not take place on the national territory, such a prohibition, which would legitimize the isolation of national markets, would be repugnant to the essential purpose of the Treaty, which is to unite national markets into a Single Market”. Deutsche Grammophon v Metro [1971] ECR 487
Task: Write a report which analyses how successful the European Court has been in balancing these competing interests in conjunction with Treaty Obligations. In light of the above statement by the European Court of Justice You should:
(a) Examine the impact of the free movement of goods principle on intellectual property,
(b) The rights conferred on owners of intellectual property,
(c) The conditions for exhaustion of intellectual property rights to occur,
(d) The consequences of exhaustion,
(e) Format: Arial 12, double spaced,
(f) It should include an introduction, conclusion, appropriate headings, bibliography, diagrams/graphs where appropriate
Report Objectives:
- Demonstrate an extensive and detailed knowledge of the international legal concepts of the free movement of goods defined in the syllabus
- Critically evaluate the impact of internationalism of knowledge/technology transfer in reference to intangible rights
- Apply complex legal rules to a variety of international contexts across jurisdictional boundaries
- Critically assess the effectiveness of those rules through extensive research
- Detailed analysis of the relevant case law
