REGIONALNO ISCRPLJENJE PRAVA INTELEKTUALNE SVOJINE KARAKTERISTIČNO ZA PRAVO EVROPSKE UNIJE
REGIONAL EXHAUSTION OF INTELLECTUAL PROPERTY RIGHTS WHICH IS CHARACTERISTIC OF EUROPEAN UNION LAW
Author(s): Njegoslav JovićSubject(s): Commercial Law
Published by: Удружење за европско право - Центар за право Европске уније
Keywords: exhaustion of rights; the type of exhaustion; parallel trade; intellectual property rights; the European Union law
Summary/Abstract: The subject of this paper is analization of the effects of regional exhaustion of intellectual property rights which is characteristic for the transport of goods in the EU market and in which, or on whose packaging is objectified an intellectual property right. The paper designates the national and international exhaustion of intellectual property rights as a typical type of exhaustion and particulary the attention is given to regional exhaustion which is characteristic of European Union law. Also work elaborates the relationship between the exhaustion of rights and parallel trade because without parallel trade the legal regulation of exhaustion of rights would have no meaning. The paper is divided into three parts. The first part conceptualy determines institutes of exhaustion of rights and parallel trade, the second part - types of exhaustion, while the third part is especially treated regional exhaustion of intellectual property rights which is characteristic for European Union law. The aim of the research work is to determine whether the regional exhaustion of intellectual property rights adequately overcome the limitations of the principle of free transport of goods for products in which or on whose packaging is objectified an intellectual property right. The paper also analyzes whether a certain exceptions to regional exhaustion exist.
Journal: Revija za evropsko pravo
- Issue Year: 17/2015
- Issue No: 1
- Page Range: 87-98
- Page Count: 12
- Language: Serbian