This Article will use recently decided intellectual property cases and other recent developments in European Community competition law to critically discuss the European Community's traditional and strict pro-free trade approach in intellectual property cases. It will focus in particular on issues relating to the territorial nature of intellectual property rights. Part I of this Article examines the Court's free trade approach in free movement cases involving patent rights. Part II explores patent rights in the context of technology Licensing Agreements, in particular in light of recent antitrust developments concerning vertical restraints. Part III discusses trademark issues. It first considers free movement rules and concludes with a brief discussion of trademark Licensing Agreements and antitrust law.
Intellectual Property and Intra-Community Trade,
20 Fordham Int'l L.J. 819
Available at: http://ir.lawnet.fordham.edu/ilj/vol20/iss3/8