Trademark Delimitation Agreements and the EEC Rules on Free Movements of Goods and Competition

1991 ◽  
Vol 4 (1) ◽  
pp. 3-20
Author(s):  
P. Glazener ◽  
B.M.P. Smulders
Keyword(s):  
Subject Matter ◽  
Case Law ◽  
Law And Literature ◽  
Free Movement ◽  
Specific Subject ◽  
Relevant Case ◽  
Free Movement Of Goods

Trademark delimitation agreements are entered into for the purpose of avoiding or settling disputes between owners of conflicting trademarks by defining the spheres within which trademarks may be used. The authors of this article treat the relevant case law and literature on the conflict between trademark delimitation agreements and the Treaty provisions on the free movement of goods and competition in an analytical and critical manner. They propose that the Commission and the ECJ accept delimitation agreements that cause fewer restrictions on trade and competition than would have existed in the absence of the agreement as compatible with Article 85 of the EEC Treaty, in so far as the restrictions flowing from the agreement are covered by the specific subject matter of the trademarks.

16. Trade Marks and the Free Movement Aspects of EU Law

2019 ◽  
pp. 414-433
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Subject Matter ◽  
Theoretical Perspective ◽  
Trade Mark ◽  
Free Movement ◽  
Specific Subject ◽  
Traded Goods ◽  
Parallel Importation ◽  
Practical Guidelines ◽  
Trade Mark Law ◽  
Essential Function

This chapter examines the interaction between trade mark law and the principles of free movement of goods in the EU. It discusses the concepts of essential function and specific subject matter which the CJEU uses to distinguish between what amounts to pro-competitive use of the trade mark, which the Treaty encourages, and anti-competitive abuse of the trade mark rights, which the Treaty prohibits. The essential function looks at this from a theoretical perspective, whilst the specific subject matter translates this in more practical guidelines. The chapter then turns cases and heated debates arising from parallel importation, which essentially focus on the relabelling and repackaging of parallel-traded goods.

Goods, Persons, Services and Capital in the European Union: Jurisprudential Routes to Free Movement

2010 ◽  
Vol 11 (2) ◽  
pp. 159-209 ◽  
Author(s):  
Tim Connor
Keyword(s):  
European Union ◽  
Market Access ◽  
Case Law ◽  
Free Movement ◽  
The European Union ◽  
Court Of Justice ◽  
Equivalent Effect ◽  
National Rule ◽  
Free Movement Of Goods ◽  
National Measure

This Paper considers the jurisprudence of the Court of Justice in relation to the free movement provisions of European Community law in relation to goods, persons, services and capital within the European Union. It examines the bases used by the Court in its application of Community free movement provisions to national measures that may seek to hinder the exercise of such rights. From limited enquiry originally founded on considerations of non discrimination based on nationality, to one most recently focussed on the ‘restriction’ to the free movement right, the Paper examines the methods employed by the Court of Justice in its scrutiny of the national measure appearing to conflict with Treaty free movement rights.The examination of the applicable free movement jurisprudence attempts to demonstrate the want of a thematically consistent underpinning within free movement case law. The Paper draws attention to the complexities and even the confusions that appear to be inherent within free movement jurisprudence and arguably evidenced within the Court's journey from ‘discrimination’ to ‘restriction’ as the basis of the enquiry with regard to the application of Treaty free movement rights. In its consideration of Case C-110/05Commission v Italy, Case C-142/05Åklagaren v. Percy Mickelsson v. Joakim Roos, recent jurisprudence with respect to the free movement of goods, the Paper notes that in the context of the ‘measure having equivalent effect’, the emphasis in the assessment of the national rule has shifted to an examination of the effect on market access, rather than a distinction based on the type of rule.

10. Free movement of goods

2017 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Economic Integration ◽  
Case Law ◽  
Free Movement ◽  
Equivalent Effect ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Free Movement Of Goods ◽  
Movement Rules ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the principle of the free movement of goods in the context of the internal market. It covers the stages of economic integration; the principle of non-discrimination; the main Treaty provisions governing the free movement of goods; the meaning of ‘goods’; Article 30 TFEU: the prohibition of customs duties and charges having equivalent effect; charges for services rendered; Article 110 TFEU: the prohibition of discriminatory taxation; and Articles 34 and 35 TFEU: the prohibition of quantitative restrictions and measures having equivalent effect. This chapter also considers Treaty and case law-based derogations from free movement rules including Article 36 TFEU, Cassis de Dijon, and Keck v Mithouard. Finally, this chapter explores a potential new category of measures having an equivalent effect.

11. Free movement of goods II: non-tariff barriers

2020 ◽  
pp. 287-318
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
European Commission ◽  
Case Law ◽  
European Court Of Justice ◽  
Free Movement ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Free Movement Of Goods

This chapter examines European Union (EU) law concerning non-tariff barriers to free movement of goods. It describes member states’ attempts to influence imports and the way the European Commission and the European Court of Justice (CoJ) handled these issues. This chapter explains the provisions of the relevant legislation for non-tariff barriers, which include Articles 34, 36, and 35 of the Treaty on the Functioning of the European Union (TFEU). It also analyses example cases including ‘Dassonville’, ‘Cassis de Dijon’, and post ‘Keck’ case law. It concludes with a consideration of the latest trend of cases concerning product use and residual rules.

scholarly journals The free movement of economically inactive EU citizens: The right to reside test

2019 ◽  
Vol 3 (1) ◽  
pp. 43-57
Author(s):  
Laura Gyeney
Keyword(s):  
Present Article ◽  
Paradigm Shift ◽  
Social Assistance ◽  
Case Law ◽  
Free Movement ◽  
Recent Case ◽  
Sensitive Issue ◽  
Relevant Case ◽  
Consolidation Phase ◽  
The Right

The question of free movement rights of economically inactive citizens and their access to social assistance is a legally controversial and a politically sensitive issue. This is well illustrated by the CJEU’s recent case law which signals a shift in its former jurisprudence towards a more restrictive approach relating to access to social assistance benefits for economically inactive EU citizens. Moreover, the Court’s case law appears to be moving away from the concept of EU citizenship as a general value and common solidarity. The present article aims to give a brief overview of the relevant case law with the aim of seeking answer the question whether this turn in the CJEU’s case law predicts a real paradigm shift or just a consolidation phase in the Court’s jurisprudence.

scholarly journals The Ambiguous Relationship Between the EU and its Internal Borders

2020 ◽  
Vol 1 (2) ◽  
pp. 64-70
Author(s):  
Aude Bouveresse
Keyword(s):  
Case Law ◽  
Free Movement ◽  
Freedom Of Movement ◽  
Court Of Justice ◽  
European Court ◽  
European Citizenship ◽  
Free Movement Of Goods ◽  
The Individual ◽  
European Citizen ◽  
The Eu

      The free movement of EU citizens within the Union reveals the ambiguous relationship between the EU and borders. While the functioning of the internal market is essentially based on freedom of movement and implies the elimination of borders as barriers to trade, the freedom of movement of the European citizen remains defined largely within the conceptual framework of borders, since nationality is a prime requirement for European citizenship. Inside the EU, as this article highlights, borders are necessary and problematic at same time. The Court has played with the concept of borders to address these ambiguities with a view to deepening integration. The conclusion is that if the Court has been able to effectively remove obstacles related to internal borders concerning the free movement of goods and the movement of active economic persons, such has not been the case for the free movement of European citizens, economically inactive. It follows from the division of competences and the case law of the European judges that solidarity remains intrinsically linked to nationality and therefore inevitably leads to the re-establishment of borders and the separation of peoples. This demonstrates the resistance of the “paradigm of a European market citizenship”. By revaluing nationality in the context of the enjoyment of the rights linked to citizenship, the European Court of Justice could hamper the integration process by renationalising the individual and establishing new borders.

Untying the Market Access Knot: Advertising Restrictions and the Free Movement of Goods and Services

2007 ◽  
Vol 9 ◽  
pp. 177-215
Author(s):  
Dimitrios Doukas
Keyword(s):  
Market Access ◽  
Case Law ◽  
Free Movement ◽  
Professional Activity ◽  
Goods And Services ◽  
Free Movement Of Goods ◽  
Broad Interpretation ◽  
Definition Of ◽  
Marketing Methods ◽  
Advertising Restrictions

More than a dozen years since the Keck judgment, its effect of breaking the dogmatic convergence between the free movement of goods and that of services, already established in the case law of the ECJ by the early 1990s, cannot be underestimated. As is well known, this convergence primarily relied on such a broad interpretation of the scope of Articles 28 and 49 EC as to include any obstacles to intra-Community trade arising from measures applying beyond discrimination unless justified. The basic divergence introduced by Keck into the Court’s approach to the free movement provisions on goods and services can best be illustrated by the case law reviewing measures relating to advertising and other marketing methods. This paper will draw on a broad definition of advertising, which will include any commercial communication, ie any form of communication designed to promote, directly or indirectly, the goods, services or image of a company, organisation or person exercising a commercial, industrial or other professional activity.

I. Free Movement of Goods

1999 ◽  
Vol 48 (1) ◽  
pp. 217-223 ◽  
Author(s):  
Karl Newman ◽  
Stephen Weatherill
Keyword(s):  
Member State ◽  
Case Law ◽  
Internal Market ◽  
Free Movement ◽  
State Failure ◽  
National Courts ◽  
National Technical ◽  
Free Movement Of Goods ◽  
Technical Regulations

The last contribution on this topic, which was published in the July 1997 issue of the Quarterly,1 examined the Court's remarkable ruling in CIA Security International S.A. v. Signalson SA and Securitel SPRL,2 in which the Full Court decided that where a member State neglects to notify draft national technical regulations to the Commission in breach of the obligations set out in Directive 83/189,3 it may not rely on those regulations in subsequent proceedings before national courts. The Court's ruling attaches a meaningful penalty to State failure to abide by the obligations of notification stipulated by the Directive. It thereby induces compliance with requirements of transparency on which the Commission pins great faith in its “post-1992” strategy for the management of the internal market. The case law since CIA Security has generated a sufficient number of further illuminating rulings to justify a further tour of the area in this contribution.

III. Intellectual Property

1997 ◽  
Vol 46 (3) ◽  
pp. 712-716
Author(s):  
Karl Newman ◽  
Catherine Seville
Keyword(s):  
Intellectual Property ◽  
Economic Value ◽  
Good Deal ◽  
Case Law ◽  
Free Movement ◽  
Level Playing Field ◽  
Playing Field ◽  
Significant Case ◽  
Free Movement Of Goods ◽  
Legislative Measures

The period since the last note on this subject has been eventful.1 There have been some important legislative measures, and a good deal of significant case law. However, contradictory messages are being conveyed. The volume of legislation marks the Community's recognition of the economic value of intellectual property rights in international trade. Its broad aim is, as always, to achieve a level playing-field for competition, and to integrate the market by removing restrictions on the free movement of goods. Yet the unwavering adherence to the principle of free movement is being challenged in several areas, precisely because of its effect on competition, notably in the pharmaceuticals market.

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