The dichotomy between the existence of the right and its exercise
It is clear from Article 30 that a balance must be struck between the principle of free movement and the protection of intellectual property rights. Since the mid-1960s the European Court of Justice has been in search of the correct balance. It has not always found the task easy. In order to determine what restrictions on free movement are ‘justified’ under Article 30, the Court has developed a number of tests. None of those tests has proved entirely satisfactory, mainly because of the extreme vagueness of some of the terms used in them. The Court's approach has fluctuated over the years and it has not always shown great fidelity to the various tests that it has elaborated. The overall impression one has is that the Court is still searching for wisdom in this difficult area.
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