exhaustion of rights

exhaustion of rights
A key EU competition law principle (Article 30 of the EEC Treaty) is free movement of goods within the EU single market. An exception allowed under Article 36 of the Treaty technically allows imports to be restricted on grounds of intellectual property rights. In reality such powers are very limited as intellectual rights cannot be exercised if the intent or effect is to restrict trade between member states of the EU. This is of particular importance in parallel trade. Where, for instance, a licensor has granted a licence to a licensee in France, he generally cannot stop those goods being imported and sold into another Member State - the licensor is said to have exhausted his rights.

Easyform Glossary of Law Terms. — UK law terms.

Игры ⚽ Нужно решить контрольную?

Look at other dictionaries:

  • Exhaustion of rights — Exhaustion of rights, or the doctrine of exhaustion, is a concept in intellectual property law whereby an intellectual property owner will lose or exhaust certain rights after the first use of the subject matter which is the subject of… …   Wikipedia

  • exhaustion — ex·haus·tion n: the act or process of exhausting even after the exhaustion of direct appellate review W. R. LaFave and J. H. Israel; specif: exhaustion of remedies Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • Exhaustion doctrine — This article is about the first sale doctrine as applied to patents. For the analogous first sale doctrine applicable to copyright, see First sale doctrine. Under the exhaustion doctrine, doctrine of exhaustion, or first sale doctrine, the first… …   Wikipedia

  • exhaustion of state remedies — Federal courts require that state remedies be exhausted in certain classes of cases in order to give state courts as a matter of comity the opportunity to make the initial determination as to all claims, federal or state, raised in those cases. U …   Black's law dictionary

  • exhaustion of state remedies — Federal courts require that state remedies be exhausted in certain classes of cases in order to give state courts as a matter of comity the opportunity to make the initial determination as to all claims, federal or state, raised in those cases. U …   Black's law dictionary

  • DVD Consumer Rights — DVD warning notices, displayed on both the product packaging of commercial DVDs and on screen when the content is played, often notify buyers that certain uses of the DVD are prohibited under copyright law. But a recent legal case has shown that… …   Wikipedia

  • Patent exhaustion — can refer to: * Exhaustion of rights (in the European Union, for example) * First sale doctrine (patent) (in the United States, for example) …   Wikipedia

  • European Court of Human Rights — Not to be confused with the European Court of Justice, the highest court of the European Union. European Court of Human Rights Established 1959 (initially) 1998 (permanent) …   Wikipedia

  • Inter-American Commission on Human Rights — Abbreviation IACHR Formation 1959 Purpose/focus Human Rights monitoring in the Americas Location Washington, D.C., United States …   Wikipedia

  • Copyright — Copyrighting redirects here. For the use of words to promote or advertise something, see Copywriting. Copyrights redirects here. For Wikipedia policy about copyright issues, see Wikipedia:Copyrights. Intellectual property l …   Wikipedia

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”