“If a right related to copyright is relied upon to prevent the marketing in a Member State of products distributed by the holder of the right or with his consent on the territory of another Member State on the sole ground that such distribution did not take place on the national territory, such a prohibition, which would legitimise the isolation of national markets, would be repugnant to the essential purpose of the Treaty, which is to unite national markets into a Single Market”. Deutsche Grammophon v Metro [1971] ECR 487
Right a report which analyses how successful the European Court has been in balancing these competing interests in conjunction with Treaty Obligations. In light of the above statement by the European Court of Justice You should:
(a) examine the impact of the free movement of goods principle on intellectual property.
(b) the rights conferred on owners of intellectual property
(c) the conditions for exhaustion of intellectual property rights to occur,
(d) the consequences of exhaustion.
Your assignment must follow these formatting requirements:
§ A maximum 3,000 words in length
§ It should include an introduction, conclusion, appropriate headings, bibliography, diagrams/graphs where appropriate.
§ The report/article should be typed using double-spacing, using Arial 12.
§ All material must be sourced appropriately.
Other points to note
• University rules on late submission apply.
• All works must follow Academic Honesty Rules and Regulations.
OSCOLA referencing is to be used when any reference is cited.
• Submission of final write-up must be made through OnlineCampus
Objectives
