Varumärkesrätten inom EU
- ensamrätten i konflikt med EG
The single market is one of the underlying ideas of the European Union. Free movement of goods and efficient competition are central for the function of the union and are therefore carefully protected by the Treaty of Rome. Exclusive rights of trademarks in the EU can be seen as a method of dividing the common market, preventing the free movement of goods and to be anti-competitive. What comes out of this is that there is a conflict between exclusive rights of trademarks and the rules of both free movement of goods and competition. The aim of this work is to see in which kind of situations the exclusive rights of trademarks can be a part of this conflict but also to study how this problem is resolved by the European Court. In conclusion, this thesis shows that an exclusive right of trademark is not by itself incompatible with the rules of free movement of goods and competition law. On the contrary; Europe needs strong industrial property rights to protect its innovations and remain competitive in the global knowledge-based economy of today. What comes out of this is the importance of finding the right balance between the protection of competition and the free movement of goods on one hand and the protection of trademark rights on the other hand. Nevertheless, trade barriers, anti-competitive agreements and abuse of dominant position are subjects to a rigorous application of the European competitive rules. In fact, they are mostly seen as more imperative than the protection of trademarks.