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20 results

  • 24 - “Accessory Exhaustion” – and Use of a Work as a Work

  • from A - Intellectual “Property” and its Limits
  • Edited by Niklas Bruun, Graeme B. Dinwoodie, Chicago-Kent College of Law, Marianne Levin, Ansgar Ohly
  • Book:
    Transition and Coherence in Intellectual Property Law
    Published online:
    29 December 2020
    Print publication:
    07 January 2021, pp 294-304

  • Summary

    The question of how to handle overlapping IP rights is central to Annette Kur’s scholarship. In addition to her unique overview of and deep insights into all disciplines of IP, she has always been concerned with fairness and balance in IP law. This is a concern that I share, and in the late 1990s, when I was working on finishing my doctoral dissertation on copyright exhaustion, I came to reflect on the interrelationship between the Dior/Evora decision of the Court of Justice of the European Union (CJEU) and the Astra decision of the European Free Trade Association (EFTA) Court.2 Although both the facts of and the reasoning in these two cases were quite different, the common feature of the decisions was the conclusion that the trade mark holder3 was unable to invoke copyright to ancillary material in order to prevent parallel imports of the goods. While reflecting on this, it hardly came as a surprise when Annette simultaneously published an article where she analyzed the trade mark/copyright interface under the viewpoint that the Dior/Evora decision in effect provided for the exhaustion of the copyright holder’s reproduction right,4 also making the link to the Astra decision of the EFTA Court.5 Her article inspired me to introduce the term “accessory exhaustion” to describe the non-application of copyright as an accessory to trade mark exhaustion.6

Property Aspects of Intellectual Property
  • Ole-Andreas Rognstad
  • Published online:
    19 June 2018
    Print publication:
    05 July 2018
  • For many years, there have been discussions about whether intellectual property (IP) is really property. The property concept, particularly when used in transnational and international concepts, remains somewhat elusive. Here, Ole-Andreas Rognstad comprehensively discusses the use of the property metaphor in relation to IP in a transnational perspective. Rognstad gives an overview of main aspects of the IP/property interface, notably the justification and the structuring of the rights and intellectual property rights as assets. Moreover, he highlights the importance of distinguishing between these aspects, even though they are closely linked to each other. The book takes a transnational approach, dealing with recent developments in European human/fundamental rights law and international investment law, helping readers to understand the practical implications of the IP/property interface. This will be valuable reading for academics, practitioners and policy makers working in the area of IP, and lawyers and philosophers interested in the property debate.