Publication details
EUROPEAN COURT OF JUSTICE AS LAW-MAKER: EXAMPLE OF INTELLECTUAL PROPERTY PROTECTION ON EU INTERNAL MARKET
| Authors | |
|---|---|
| Year of publication | 2009 |
| Type | Article in Proceedings |
| Conference | Dny práva – 2009 – Days of Law. The conference proceedings |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | European Court of Justice; Teleological interpretation; Gaps filling; Intellectual property; Existence of a right; Exercise of a right; Community exhaustion of a right |
| Description | Specific legal system of the European Union entails specific judiciary methods realized by the European Court of Justice (ECJ). Its task consists among others in filling gaps and lacunae in EU law. Gaps in primary law are filled by secondary law and ECJ case law. As ECJ is a very creative court, sometimes it is very difficult to assume, if its decision is still an interpretative one or if it creates new legal rules. The aim of this presentation is to demonstrate Court's activities in the field of intellectual property protection of goods on EU Internal Market. The protection of different intellectual property rights seems to be in contradiction with the free movement of goods protected by those rights. The ECJ gives solution by separating the existence of a right from its exercise - the right cannot be exercised in a way that would make impossible the free movement of protected goods. Another "invention" of the ECJ case law is the theory of the exhaustion of the right in the whole EU by introducing the goods anywhere (in any country) of the EU Internal Market. |
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