Cracking the Walls of IPRs: When Territorial Restrictions Become “Abusive” under IP Law

Cracking the Walls of IPRs: When Territorial Restrictions Become “Abusive” under IP Law

Journal article

1 online resource (pages 241–245)

This paper scrutinizes the thorny interplay between IP territorial exclusivity and competition law. First, we will look at the approach taken by the Court of Justice of the European Union (CJEU) to the principle of exhaustion, which limits IP holders’ control over the distribution of protected works beyond national borders. Thereafter, we will investigate how the CJEU has wielded Art. 101 of the Treaty on the Functioning of the European Union (TFEU) against distribution and licensing agreements that confer absolute territorial protection (ATP), concentrating on the divergences and convergences between IP and non-IP cases. Then, we will delve into the CJEU’s approach to restrictions of passive sales that result in ATP within the broader context of EU digital policy against unjustified geo-blocking, thus discussing the conflict between geo-blocking and the free movement of digital goods and services in light of the latest judgments on the matter. Finally, this paper will advance an alternative remedial approach to deal with ATP caused by the misuse of IPRs with a view to tackling “abusive” territorial restrictions and removing uncertainty in the case law regarding competition law.

Crossref

International Review of Intellectual Property Law & Competition Law ; IIC 2025, 56(2), 241 - 245

New York: Springer LINK, 2025.

Anglais

CC BY 4.0

External Online Journals > International Review of Intellectual Property & Competition Law