Rognstad, Ole-Andreas --- "The Exhaustion/Competition Interface in EC Law – Is There Room for a Holistic Approach?" [2008] ELECD 259; in Drexl, Josef (ed), "Research Handbook on Intellectual Property and Competition Law" (Edward Elgar Publishing, 2008)

Book Title: Research Handbook on Intellectual Property and Competition Law

Editor(s): Drexl, Josef

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845420475

Section: Chapter 17

Section Title: The Exhaustion/Competition Interface in EC Law – Is There Room for a Holistic Approach?

Author(s): Rognstad, Ole-Andreas

Number of pages: 24

Extract:

17 The exhaustion/competition interface in EC
law ­ is there room for a holistic approach?
Ole-Andreas Rognstad



1 Introduction
In European Community law, there are two main instruments for preventing
territorial partitioning of markets for goods and services protected by intellec-
tual property rights (IPRs). The first of these is the exhaustion principle (or
first-sale doctrine), which was developed by the European Court of Justice
(ECJ) during the early 1970s on the basis of the rules on free movement of
goods under Articles 30 and 36 of the EEC Treaty (now Articles 28 and 30
EC). Today the principle also finds its legal basis in various Community direc-
tives and regulations in the field of IPR.1 The second instrument is competi-
tion law, as the concept is understood under Articles 81 and 82 EC and the
case law interpreting these provisions.
Generally speaking, the exhaustion principle states that once a product is put
on the market in the European Community (or, by way of the EEA Agreement,
the European Economic Area, including Norway, Iceland and Liechtenstein in
addition to the EC countries) with the consent of the right-holder, the IPRs in


1 For trade marks, see Article 7 First Council Directive 89/104/EEC of 21
December 1988 to approximate the laws of the Member States relating to trade marks,
OJ 1989 No. L 40, p. 1, and Article 13 Council Regulation (EC) No. 40/94 of 20
December 1993 on the Community trade mark, OJ ...