Commentary

157 Free movement of goods and services

INTELLECTUAL PROPERTY vol 21(2) copyright
| Commentary

157 Free movement of goods and services

| Commentary

157 Free movement of goods and services

Articles 34 and 351 (ex EC Treaty Articles 28 and 29) of the Treaty on the Functioning of the EU (‘TFEU’) provide that quantitative restrictions on imports and exports, and all measures having equivalent effect, shall be prohibited between Member States2. On the face of it, there seems to be a conflict between these provisions and copyright law, which because of its territorial nature, confers exclusive rights within particular territories. By virtue of international copyright conventions, the owner of the copyright in a work is now accorded copyright protection under the laws of most countries in the world. This is achieved by each member

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