| Abstract [eng] |
This thesis is devoted to special type of free movement of goods – parallel import and all problems related to it. It is special because of lack of regulation under European Community law. The implication is that the main objective of thesis is jurisprudence of European Court of Justice, which decisions are subject to regular changes. The great number of disputes that have arisen in the Common Market over past forty years point to a lack if certainty as to how intellectual property owners’ rights are exhausted through use. Considering this the first part of thesis is dedicated to analysis of different doctrines of exhaustion and problems related to different types of goods movement. Further the chapter concerns the parallel import if medicaments – goods that are special because of particular attention from national authorities of member states that is through licensing system. Concentrating to particularities of exhaustion of intellectual property rights, the second chapter explains the grounds for legal start for parallel import. It should be noted that articles of EC Treaty and the Trade marks directive leaves in confusion because of lack of certainty how particular clauses needs to be explained. Further the chapter considers useful theories of intellectual property law, such as common origin doctrine, that the courts might have developed as a basis for evaluating all instances of parallel importation. In this chapter the problem with different level of protection of intellectual property in different member states is considered. Finally, the third chapter discusses problems related relabelling, repackaging and rebranding of goods moving through the Common Market. The main target for consideration is barriers established by national regulations, which creates price differences that promote both parallel barriers to that trade specifically and to the free movement of goods generally. The judicial response to these barriers has been to extend the exhaustion of rights doctrine, particular in the case of trade marks, to allow unauthorized alterations to packaging, where those alterations are necessary to give parallel goods access to national markets, is analyzed further. |
