Principiul epuizării drepturilor de proprietate intelectuală în jurisprudenţa curţii de justiţie a uniunii europene
The principle of exhaustion of intellectual property rights in the case law of the Court of Justice of the European

Summary/Abstract: According to the principle of exhaustion of intellectual property is accepted that the right holder loses the protection of the product incorporating intellectual property, when the product was put into circulation by the right holder or with his consent. The Court of Justice of the European Union developed the concept of regional exhaustion under which exhaustion of intellectual property rights in intra-Community trade should be governed mainly by the same considerations apply to exhaustion in a national market. The principle of exhaustion of rights is an example of development of intellectual property rights protection, in the European Union law, through the Court of Justice of the European Union case law. The Court analyzed the burden of proof to prove consent, the various categories of related persons that can deplete the holder right, the concept of placing on the market, the situation of a different level of protection between Member States and its territorial application.

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