19. Free movement of goods and intellectual property rights

Abstract

This chapter examines the European Union rules on the free movement of goods as they impact on intellectual property rights. It discusses the tensions arising between the aims of creating a common market and intellectual property, with particular reference to the Treaty provisions relevant to this area. The chapter examines the relevant case law with a focus on intra-EEA parallel imports, repackaging, legitimate interests in opposing the further circulation of goods within the European Community, international exhaustion of rights, and the relation between IP rights and free movement of services. The chapter concludes with discussion of recent developments in exhaustion of rights in the online environment.