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Compulsory Licensing In The European Union, Jarrod Tudor
Compulsory Licensing In The European Union, Jarrod Tudor
Jarrod Tudor
Despite attempts to harmonize intellectual property law across the 27-member European Union, this area of law remains a mix of national law and federal law. In regard to the possibility of compulsory licensing, challenges remain in the attempt to make law uniform. The Court of Justice of the European Union has struggled to balance national and federal interests on the issue of compulsory licensing of patents, trademarks, and copyrights largely by applying Articles 28, 30, 81, and 82 of the Treaty on European Union. Specifically, these Articles of the Treaty that support the notion of the free movement of goods …
Intellectual Property, The Free Movement Of Goods And Trade Restraint In The European Union, Jarrod Tudor
Intellectual Property, The Free Movement Of Goods And Trade Restraint In The European Union, Jarrod Tudor
Jarrod Tudor
The European Union is the most significant trade partner of the United States. Trading in goods protected by intellectual property rights remains a challenge for American business entities as they are forced to sift through a myriad of law consisting of the federal intellectual property law of the European Union and the intellectual property law of the member-states. The Court of Justice of the European Union has been faced with dozens of complex cases arising out of conflicts between the national law of the member-states and the Articles of the Treaty on European Union that mandate the free movement of …