5 Jurnalul de Studii Juridice 15 (2010)

handle is hein.journals/jstudice5 and id is 1 raw text is: 









   The   Community Patent and the Free Movement of
                    Persons in the European Union


 Patentul   comunitar ži   libertatea  de  circulatie a persoanelor in
                         Uniunea EuropeanA


                                                    Roxana-Elena LAZAR *

       Abstract:

       The  theory of the exhaustion of rights, with general applicability in what
concerns the intellectual property rights, implies that the patent holder loses a
part of his prerogatives as an inventor as a result of the exhaustion of his right,
from  the moment  the object of its patented invention is marketed by him or
with his approval. But the approach to the exhaustion of rights in the Member-
States of the European Union has been a danger to the good operation of the
single market. However,   the regulation, at the Community level,   of the
exhaustion of rights theory has solved this difficulty as well.
       The  implementation of patents in the Member-States of the European
Union  - as long as the novelty conditions of the invention, of an inventive
activity, are fulfilled and it is susceptible of having an industrial application - is
an  acknowledgement   of the importance  of the research, development  and
innovation sector at the level of the European Union both from the perspective
of the material benefits as well as from that of the acknowledgement   and
guarantee of the right to renown and reputation of the inventor.
       The  distinction between the three types of patents regulated at the level
of the Member-States of the European  Union is made  at the level of the legal
protection, of the costs and of the possibilities of resolution of disputes that
may  arise from the exercise of the rights given to the patent beneficiaries. A
comparison  between the present European  patent and the patents in the USA
or Japan, from the point of view of costs, makes clear the excessive costs of
obtaining a European  patent (as high as eight times the cost in Japan, for
example). The solution identified by the European legislator was to establish the
Community   patent. The preservation of the role of the European Patent Office
(the same institution involved in the European patenting process) is combined
with the accessibility of patenting costs for the patent applicants (especially for

* Acknowledgements: Economics and International Affairs phd. / drd. Scoala Doctorali de
Economie, Universitatea,,A1. I. Cuza din Iayi - Proiectul POSDRU/88/1.5/S/47646

                                    15


Lazar, R., E., (2010) The Community Patent and the Free Movement of Persons in
the European Union, Jurnalul de Studii Juridice, Anul V, Nr. 1-2, pp: 15-27

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?