Harman International Industries (Free movement of goods – Place of first marketing of products by the proprietor of the trade mark or with its consent – Judgment): ECJ 17 Nov 2022

Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Intellectual property – EU trade mark – Regulation (EU) 2017/1001 – Article 15 – Exhaustion of the rights conferred by a trade mark – Placing on the market within the European Economic Area (EEA) – Consent of the proprietor of the trade mark – Place of first marketing of products by the proprietor of the trade mark or with its consent – Proof – Directive 2004/48/EC – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Operative part of judicial decisions not identifying the products covered – Difficulties in implementation – Restricted scope of action before the competent court for enforcement – Fair trial – Rights of the defence – Principle of the equality of arms

Citations:

[2022] EUECJ C-175/21

Links:

Bailii

Jurisdiction:

European

Citing:

See Also – Harman International Industries (Opinion) ECJ 16-Jun-2022
Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – European Union trade mark – Regulation (EU) 2017/1001 – Article 15 – Exhaustion of the rights conferred by the European Union trade mark – Burden of proof – . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Human Rights

Updated: 23 November 2022; Ref: scu.683353