Ong, Burton --- "The trademark law provisions of bilateral free trade agreements" [2008] ELECD 168; in Dinwoodie, B. Graeme; Janis, D. Mark (eds), "Trademark Law and Theory" (Edward Elgar Publishing, 2008)

Book Title: Trademark Law and Theory

Editor(s): Dinwoodie, B. Graeme; Janis, D. Mark

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845426026

Section: Chapter 9

Section Title: The trademark law provisions of bilateral free trade agreements

Author(s): Ong, Burton

Number of pages: 28

Extract:

8 The free movement (or not) of trademark
protected goods in Europe
Thomas Hays*



I. Community law of free movement
The Treaty of Rome1 established a common market in Europe using the free
movement of goods and services within that market as a primary means of
achieving economic integration. EC Treaty Article 28 allows goods to enter
one Member State of the European Union from another Member State (the
front door of free movement) without governmental interference at the border.
Article 29 allows goods to leave a Member State, again without national
restrictions on exports. There are limited exceptions to these principles, mostly
based on health and safety grounds, and now primarily exploited at customs in
relation to specially taxed products, such as alcohol and tobacco, and regu-
lated, potentially dangerous items, such as pharmaceuticals and explosives.2


* Ph.D. (Cambridge); Lewis Silkin LLP, London; CIER, the Molengraaff
Institute, Utrecht.
1 Treaty Establishing the European Economic Community, Rome, March 25,
1957, Ts.1 (1973) Cmnd 5179, 298 U.N.T.S. 11 (1958), as amended by the Single
European Act, O.J. 1987, 169/1, [1987] 2 CMLR 741, as amended by the Treaty on
European Union, Maastricht, February 7, 1992, O.J. 1992, C 224/1, [1994] 1 CMLR
719, as amended by the Treaty of Nice, March 10, 2001, O.J. 2001, C 80/1; as amended
by the Treaty on European Union and the Treaty Establishing the European
Community, December 24, 2002, O.J. 2002, C 325/ ...