The conflict between intellectual property rights and the principle of free movement
Article 30 recognizes the existence of a conflict between intellectual property rights and the free movement of goods. It resolves that conflict by giving priority to intellectual property rights. But it confers only a qualified priority on such rights. It does not grant Member States carte blanche to erect barriers to trade between Member States in the name of intellectual property. The restriction on trade must be ‘justified’ and it must not constitute ‘arbitrary discrimination’ or a ‘disguised restriction on trade between Member States’.
Keywords: intellectual property rights, free movement of goods, Member States, trade barriers, trade restrictions
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