Trade Marks vs Free Competition and Free Movement of Goods in EC Law
Legal aspects of two conflicts on the Internal Market concerning trade marks
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The paper considers the position of trade marks in the European Communities, particularly their conflicts with the rules on free movement of goods within the EU and with EC competition law. These conflicts are closely related to each other. It will be argued that various interests clash in these conflicts, the difficult resolution of which has fallen to the European Court of Justice. Besides dealing with the legal aspects of these two conflicts, the paper will also explore the reasons behind them, and its broader business and political ramifications. The paper adopts a critical approach to the...
The paper considers the position of trade marks in
the European Communities, particularly their
conflicts with the rules on free movement of goods
within the EU and with EC competition law. These
conflicts are closely related to each other. It will
be argued that various interests clash in these
conflicts, the difficult resolution of which has
fallen to the European Court of Justice. Besides
dealing with the legal aspects of these two
conflicts, the paper will also explore the reasons
behind them, and its broader business and political
ramifications. The paper adopts a critical approach
to the current development and argues that with the
power of strong brands continuing to be on the
increase, the relationship between trade mark rights
and EC competition law, as well as the relationship
between trade marks and the rules on free movement
of goods, calls for a reassessment. The paper is
ideal for lawyers,students at both undergraduate and
postgraduate level and for anybody interested or
involved in this colourful subject.
the European Communities, particularly their
conflicts with the rules on free movement of goods
within the EU and with EC competition law. These
conflicts are closely related to each other. It will
be argued that various interests clash in these
conflicts, the difficult resolution of which has
fallen to the European Court of Justice. Besides
dealing with the legal aspects of these two
conflicts, the paper will also explore the reasons
behind them, and its broader business and political
ramifications. The paper adopts a critical approach
to the current development and argues that with the
power of strong brands continuing to be on the
increase, the relationship between trade mark rights
and EC competition law, as well as the relationship
between trade marks and the rules on free movement
of goods, calls for a reassessment. The paper is
ideal for lawyers,students at both undergraduate and
postgraduate level and for anybody interested or
involved in this colourful subject.
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