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The Work of the EC Judge Regarding Contentious Matters on Industrial and Intellectual Property Rights

Author: Jean-Cyril BERMOND

Type: Article

ref: 32004317-343

N0:3 of 2004

Pages: 317-343

On February 2nd, 2004, the Commission proposed the establishment of a Tribunal specialized in the treatment of contentious matters for Community patent.

During the last past years, the Court of Justice worked out a subtle jurisprudence aiming to reconcile two requirements which could seem contradictory. On one hand, allowing the holders of intellectual or industrial property rights to assert an absolute control on the marketing of their products puts in danger the construction of the European Common Market. On the other hand, giving priority only to the Common Market contributes to deny the legitimate claim of a holder to profit from his own rights.

From now on, particularly due to the concepts of specific subject matter and exhaustion, the EC judge drew a clear jurisprudential line which has been dedicated in the European Legislation.