The Impact of Free Movement of Goods on International IP Law

This essay examines the complex relationship between international intellectual property law and the free movement of goods, particularly within the European Union. It explores the challenges faced by American businesses navigating the intersection of EU and member state intellectual property laws. The essay highlights the role of the European Court of Justice in resolving conflicts and facilitating trade, while also considering the broader development of international trade law. It discusses the EU's common market, its impact on harmonization, and the balance between protecting intellectual property rights and enabling the free movement of goods. The essay further analyzes the impact of treaties like the Amsterdam Treaty and articles like 101 and 102, which aim to regulate trade agreements and prevent the abuse of dominant market positions. It also addresses conflicts between intellectual property rights and free movement, the exhaustion of rights doctrine, and various barriers to trade. The essay concludes by emphasizing the legal framework of trademark, patent, and copyright law within the EU for the free movement of goods and the resolution of related disputes.

Running head: INTERNATIONAL INTELLECTUAL PROPERTY LAW
International Intellectual Property Law
Name of the Student
Name of the University
Author Note

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Discussion
The impact of the free movement of goods principal on intellectual property
The European Union is one of the most known and significant trade partner of the United
States where the trading of goods are protected under the Intellectual Property Rights which
makes a big challenge for the American business entities where they are forced to move myriad
of law in the collaboration with the federal intellectual property law of the European Union and
the intellectual property law of the member states. The European Court of Justice has also make
important role in the trading under the Intellectual Property Rights where they also get involved
with the conflicts between the national law of the member states and the articles of the Treaty of
the functioning of the European Union which make a great involvement for the free movement
of goods across National lines for the trading purposes (Ward 2016).
However it has found that globally the international law has already make the
development on the trade law which make the trading system more wide according to the
sovereign government according to their economics where it also help to develop to introduce
several rules for economic integration people countries forms and those parties who want to
make the contract in the decision making process which is more predictable in globally (Drahos
2016).
The European Union has make a common market which are required for the free flow of
goods, services, capital and labor which helps to the harmonization in the education, health,
social security, safety and intellectual property rights. It also makes the law which depends in the
Treaty regulation, decision and directives. Therefore it make the best influence on the European
Union on international trade which helps United States has become one of the economic

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powerful country. But somehow it make difference between the European Union and the United
States where they make the innovation and regulation completely different for balancing between
the intellectual property rights and the free movement of the goods which helps them to calculate
the market value according to their law governing body (Thumm 2013).
The basic purpose of such work has defined where European Union has make a protocol
of the protection of intellectual property rights, treaty for the free movement of goods and
undistorted competition. The Amsterdam Treaty makes one of the most influences for
maintaining the balance between the uninterrupted free trade of goods and services which helps
to protect the intellectual property rights. Under the treaty the article 101 has been made for the
free movement of goods and prohibits the trade agreements between the business association
members States who are fixed prices limit protection and rest purposes for the supply and many
other commercial activities. The article 102 also helps to protect the business entity from any
dominant position according to the Marketplace and any enumerates conditions which are related
in the abuse of the dominant position fair it makes powerful remedies for every member state
that are related in the business practices (Drahos 2016).
However most of the time a conflict has been arises between the protection of intellectual
property right and the free movement of goods and disordered competition where the existence
of the intellectual property rights make the limitation on the owner’s assertion of rights.
Therefore the exhaustion of rights doctrine prohibits the intellectual property right holder from
every exercising right over the goods or the services which has been sold for once. Therefore it is
important for the Intellectual Property Rights holder that he must choose between the
maintaining complete controls of the protected product domestically or choose the potential
financial rewards for placing the product according to the market value to another States.

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However the Intellectual Property Rights make the free movement of the goods in the European
market (May 2013). Different kinds of barriers are also sounds like parallel imports, compulsory
licensing, and European Union law supplement the national law, language requirements and
licensing agreements. However despite such various the law has been make a area of Trademark
law and lesser degree patent law and copyright law in the free movement of goods in the
European Union which helps to make the European Union and its law more United by legally for
the free movement of the goods in such area which also keep handle that every disputes and
other associated issues as per their tribunals (Roffe 2014).

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Reference
Drahos, P., 2016. A philosophy of intellectual property. Routledge.
May, C., 2013. The global political economy of intellectual property rights: The new enclosures?
(Vol. 3). Routledge.
Roffe, P., 2014. Intellectual property chapters in free trade agreements: their significance and
systemic implications. In EU Bilateral Trade Agreements and Intellectual Property: For Better or
Worse? (pp. 17-40). Springer Berlin Heidelberg.
Thumm, N., 2013. Intellectual property rights: national systems and harmonisation in Europe.
Springer Science & Business Media.
Ward, D. ed., 2016. The European Union and the culture industries: Regulation and the public
interest. Routledge.