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@inproceedings{875946,
author = {Týč, Vladimír and Charvát, Radim},
address = {Brno},
booktitle = {Dny práva – 2009 – Days of Law. The conference proceedings},
edition = {1.},
keywords = {European Court of Justice; Teleological interpretation; Gaps filling; Intellectual property; Existence of a right; Exercise of a right; Community exhaustion of a right},
language = {eng},
location = {Brno},
isbn = {978-80-210-4990-1},
publisher = {Masarykova univerzita},
title = {EUROPEAN COURT OF JUSTICE AS LAW-MAKER: EXAMPLE OF INTELLECTUAL PROPERTY PROTECTION ON EU INTERNAL MARKET},
year = {2009}
}
TY - JOUR
ID - 875946
AU - Týč, Vladimír - Charvát, Radim
PY - 2009
TI - EUROPEAN COURT OF JUSTICE AS LAW-MAKER: EXAMPLE OF INTELLECTUAL PROPERTY PROTECTION ON EU INTERNAL MARKET
PB - Masarykova univerzita
CY - Brno
SN - 9788021049901
KW - European Court of Justice
KW - Teleological interpretation
KW - Gaps filling
KW - Intellectual property
KW - Existence of a right
KW - Exercise of a right
KW - Community exhaustion of a right
N2 - Specific legal system of the European Union entails specific judiciary methods realized by the European Court of Justice (ECJ). Its task consists among others in filling gaps and lacunae in EU law. Gaps in primary law are filled by secondary law and ECJ case law. As ECJ is a very creative court, sometimes it is very difficult to assume, if its decision is still an interpretative one or if it creates new legal rules. The aim of this presentation is to demonstrate Court's activities in the field of intellectual property protection of goods on EU Internal Market. The protection of different intellectual property rights seems to be in contradiction with the free movement of goods protected by those rights. The ECJ gives solution by separating the existence of a right from its exercise - the right cannot be exercised in a way that would make impossible the free movement of protected goods. Another "invention" of the ECJ case law is the theory of the exhaustion of the right in the whole EU by introducing the goods anywhere (in any country) of the EU Internal Market.
ER -
TÝČ, Vladimír and Radim CHARVÁT. EUROPEAN COURT OF JUSTICE AS LAW-MAKER: EXAMPLE OF INTELLECTUAL PROPERTY PROTECTION ON EU INTERNAL MARKET. In \textit{Dny práva – 2009 – Days of Law. The conference proceedings}. 1st ed. Brno: Masarykova univerzita, 2009, 9 pp. ISBN~978-80-210-4990-1.
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