| Commentary

90 Exhaustion of rights and parallel imports

| Commentary

90 Exhaustion of rights and parallel imports

Article 34 of the TFEU provides that ‘quantitative restrictions on imports and all measures having equivalent effect shall ... be prohibited between Member States’. Article 36 provides the circumstances when restrictions on imports, exports or goods in transit may be justified and includes for the protection of industrial or commercial property. Copyright and related rights fall within the ambit of Articles 28 to 37 as the European Court of Justice has taken the view that commercial exploitation of copyright raises the same issues as any other industrial or commercial property1.

However, the European Court

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