知识产权法专论

内容简介

本书共分九个单元，基本覆盖了知识产权法的主要内容。本书的主要特点在于，直接用英文介绍知识产权法相关概念及规则，并对相关问题进行阐述；每单元后都附有几个案例，用于教学及延伸阅读，有利于学生运用所学知识实际分析问题和锻炼书面英语能力。

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Preliminary Observations10.By its questions，the national court seeks to obtain clarification on a number of aspects of the Court's case-law relating to the repackaging of trade-marked pharmaceutical products by parallel importers without authorisation from the trade mark proprietor.11.Accordingly，the essential elements of that case-law must be recalled.12.First of all，it is clear from the Court’S case-law，in particular from Case 102／77 Hoffmann-La Roche[1978]ECR 1 139，paragraphs 6 and 7，that：-Article 30 EC allows derogations from the fundamental principle of the free movement of goods between Member States only to the extent to which such derogations are justified in order to safeguard the rights which constitute the specific subject·matter of the industrial property concerned；-in that context，account must be taken of the essential function of the trade mark，which is to guarantee to the consumer or end user the identity of the trade- marked product'S origin by enabling him to distinguish it without any risk of confusion from products of different origin； -that guarantee of origin means that the.consumer or end user can be certain that a trade·-marked product offered to him has not been SUbject at a previous stage of marketing to interference by a third party，without the authorisation of the trade mark proprietor，in such a way as to affect the original condition of the product.13.The right attributed to a trade mark proprietor of preventing any use of the trade mark which is likely to impair the guarantee of origin SO understood is therefore part of the specific SUbject-matter of the trade mark rights.It is therefore justifiable under the first sentence of Article 30 EC to recognise that the proprietor of a trade mark is entitled to prevent an importer of a trade-marked product，following repackaging of that product，from affixing the trade mark to the new packaging without the authorisation of the proprietor（Hoffma