Exhaustion of Rights and Common Principles of European Intellectual Property Law

Research output: Chapter in Book/Report/Conference proceedingBook chapterResearchpeer-review

Standard

  Exhaustion of Rights and Common Principles of European Intellectual Property Law. / Schovsbo, Jens Hemmingsen.

Common Principles of European Intellectual Property Law. ed. / Ansgar Ohly. Tübingen : Mohr Siebeck, 2010. (SSRN Accepted Papers Series http://ssrn.com/abstract=1549526).

Research output: Chapter in Book/Report/Conference proceedingBook chapterResearchpeer-review

Harvard

Schovsbo, JH 2010,   Exhaustion of Rights and Common Principles of European Intellectual Property Law. in A Ohly (ed.), Common Principles of European Intellectual Property Law. Mohr Siebeck, Tübingen, SSRN Accepted Papers Series http://ssrn.com/abstract=1549526.

APA

Schovsbo, J. H. (2010).   Exhaustion of Rights and Common Principles of European Intellectual Property Law. In A. Ohly (Ed.), Common Principles of European Intellectual Property Law Tübingen: Mohr Siebeck. SSRN Accepted Papers Series http://ssrn.com/abstract=1549526

Vancouver

Schovsbo JH.   Exhaustion of Rights and Common Principles of European Intellectual Property Law. In Ohly A, editor, Common Principles of European Intellectual Property Law. Tübingen: Mohr Siebeck. 2010. (SSRN Accepted Papers Series http://ssrn.com/abstract=1549526).

Author

Schovsbo, Jens Hemmingsen. /   Exhaustion of Rights and Common Principles of European Intellectual Property Law. Common Principles of European Intellectual Property Law. editor / Ansgar Ohly. Tübingen : Mohr Siebeck, 2010. (SSRN Accepted Papers Series http://ssrn.com/abstract=1549526).

Bibtex

@inbook{14f34b30148c11df803f000ea68e967b,
title = "  Exhaustion of Rights and Common Principles of European Intellectual Property Law",
abstract = "This article discusses whether or not Common Principles exist in EU law regarding exhaustion of rights ({"}first sale{"}). Traditionally, the law of the EU-countries conceptualized exhaustion in two different ways: Either {"}Contract{"} (e.g. UK law) or {"}Principle of exhaustion{"} (e.g. German law).  Whereas, the first model left much to the parties - e.g. to decide on parallel importation - the second is based on precise rules in the IPR legislation. Early on, EU law opted for the exhaustion model. It is pointed out, that this was the logical method to apply in EU law because of the strong policy goals of Market Integration. On the basis of case law on the concept of {"}consent{"} from the Trade Marks-Directive a Common Principle is then established. According to this, the legal framework for understanding the exhaustion rules is IPR and not national contract law. The Principle would seem to have horizontal effects and apply also outside of trade mark law e.g. to copyright.",
author = "Schovsbo, {Jens Hemmingsen}",
year = "2010",
language = "English",
series = "SSRN Accepted Papers Series http://ssrn.com/abstract=1549526",
editor = "Ansgar Ohly",
booktitle = "Common Principles of European Intellectual Property Law",
publisher = "Mohr Siebeck",
address = "Germany",

}

RIS

TY - CHAP

T1 -   Exhaustion of Rights and Common Principles of European Intellectual Property Law

AU - Schovsbo, Jens Hemmingsen

PY - 2010

Y1 - 2010

N2 - This article discusses whether or not Common Principles exist in EU law regarding exhaustion of rights ("first sale"). Traditionally, the law of the EU-countries conceptualized exhaustion in two different ways: Either "Contract" (e.g. UK law) or "Principle of exhaustion" (e.g. German law).  Whereas, the first model left much to the parties - e.g. to decide on parallel importation - the second is based on precise rules in the IPR legislation. Early on, EU law opted for the exhaustion model. It is pointed out, that this was the logical method to apply in EU law because of the strong policy goals of Market Integration. On the basis of case law on the concept of "consent" from the Trade Marks-Directive a Common Principle is then established. According to this, the legal framework for understanding the exhaustion rules is IPR and not national contract law. The Principle would seem to have horizontal effects and apply also outside of trade mark law e.g. to copyright.

AB - This article discusses whether or not Common Principles exist in EU law regarding exhaustion of rights ("first sale"). Traditionally, the law of the EU-countries conceptualized exhaustion in two different ways: Either "Contract" (e.g. UK law) or "Principle of exhaustion" (e.g. German law).  Whereas, the first model left much to the parties - e.g. to decide on parallel importation - the second is based on precise rules in the IPR legislation. Early on, EU law opted for the exhaustion model. It is pointed out, that this was the logical method to apply in EU law because of the strong policy goals of Market Integration. On the basis of case law on the concept of "consent" from the Trade Marks-Directive a Common Principle is then established. According to this, the legal framework for understanding the exhaustion rules is IPR and not national contract law. The Principle would seem to have horizontal effects and apply also outside of trade mark law e.g. to copyright.

M3 - Book chapter

T3 - SSRN Accepted Papers Series http://ssrn.com/abstract=1549526

BT - Common Principles of European Intellectual Property Law

A2 - Ohly, Ansgar

PB - Mohr Siebeck

CY - Tübingen

ER -

ID: 17494869