Parallel importation under EC law

Abstract

The aim of this thesis is to show the manner in which the Community judicature has dealt with the issue of parallel importation over the years in the context of both the free movement of goods provisions and also the competition rules. The introductory part of the thesis discusses the concept of free movement of goods and explains the manner in which the free movement of goods provisions have been applied to cases of parallel importation. It also discusses the manner in which EC Competition Law seeks to achieve the overriding objective of market integration. The first chapter discusses the relationship between intellectual property rights, the doctrine of exhaustion and free movement of goods. It analyses the manner in which this doctrine has been interpreted by the European courts. The second chapter focuses on trade marks, and discusses the applicability of the doctrine of common origin, the issue of repackaging and advertising. Chapter 3 and 4 analyse the concept of parallel importation in the light of Article 81 and 82 of the EC Treaty respectively, and also in the context of the single market integration objective. Chapter 5 focuses on the pharmaceutical sector and analyses parallel importation in the context of the particular characteristics of the pharmaceutical market. The concluding chapter of my thesis criticises the Community judicature's approach towards the application of free movement and competition rules in the case of parallel importation restrictions and questions whether the Modernisation rules will induce national authorities to promote the single market objective as faithfully as the Community judicature.