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Article: Intellectual property, competition rules, and the emerging internal market: some thoughts on the European exhaustion doctrine.
- Article from:
- Marquette Intellectual Property Law Review
- Article date:
- June 22, 2007
- Author:
CopyrightCOPYRIGHT 2007 Marquette University Law School. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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INTRODUCTION
I. THE EMERGENCE OF THE EXHAUSTION RULE
A. Territorial Restrictions and Competition Law
B. Technology Transfer and Vertical Restraints
II. BLOCK EXEMPTIONS AND EXHAUSTION
A. Scope of Application for Intellectual Property Rights
B. The Twofold Meaning of Consent
C. Territorial Restrictions as Sector-Specific Exemptions on
Exhaustion?
1. Market Freedom and Differentiation of Market Levels
2. Potential Disparities Between Block Exemptions
III. THE MYTH OF EUROPEAN EXHAUSTION: THE DOCTRINAL
STATUS OF ARTICLE 30 EC IN COMPETITION LAW
A. Construction of Intellectual Property Under Article 30 EC: ...