The exhaustion of industrial property rights in the European Union and its implications on the application of this principle in Turkey
Avrupa Birliği'nde sınai mülkiyet haklarının tükenmesi ve Türkiye'de bu prensibin uygulanması üzerindeki etkileri
- Tez No: 161934
- Danışmanlar: YRD. DOÇ. DR. GAMZE AŞCIOĞLU ÖZ
- Tez Türü: Yüksek Lisans
- Konular: Uluslararası İlişkiler, International Relations
- Anahtar Kelimeler: industrial property rights, free movements of goods, doctrine of exhaustion, customs union, trade relations, industrial property rights, free movements of goods, doctrine of exhaustion, customs union, trade relations
- Yıl: 2005
- Dil: İngilizce
- Üniversite: Orta Doğu Teknik Üniversitesi
- Enstitü: Sosyal Bilimler Enstitüsü
- Ana Bilim Dalı: Avrupa Çalışmaları Ana Bilim Dalı
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: 172
Özet
ABSTRACT THE EXHAUSTION OF INDUSTRIAL PROPERTY RIGHTS IN THE EUROPEAN UNION AND ITS IMPLICATIONS ON THE APPLICATION OF THIS PRINCIPLE IN TURKEY Tutkun, Seçil M.S., Department of European Studies Supervisor: Assoc. Prof. Dr. Gamze Aşçıoğlu Öz December 2005, 160 pages This thesis analyzes the reconciliation of industrial property rights with the principle of free movement of goods in the EU and the implications of this solution on trade relations between the EU and Turkey in the scope of the Decision No. 1/95 of the EC-Turkey Association Council. In the second chapter, patents, trademarks, industrial designs and utility models then the EU regulations and the international regulations concerning the protection of the relevant right in the EU region is examined. Although, the need for“EU wide protection of industrial property rights”is not covered by these regulations, there are special provisions which stipulate“regional exhaustion”for trademarks and industrial designs, hi the EU region there are systems for granting Community Trademark and granting Community Industrial Design which are co-exist with the national systems. However there is no system for granting Community Patent or Community Utility Models and there is no special provision which determine the geographical boundary of the exhaustion of patents and utility models. Nevertheless, the principle of regional exhaustion was accepted through ECJ decisions long before the above mentioned regulations which are very recent. In the third chapter of the thesis, firstly the provisions of the Rome Treaty IVregarding the free movement of goods, then the process that ECJ had faced until the regional exhaustion doctrine was reached and the implementation clauses of this doctrine is examined. Implementation of this doctrine affects both the trade relations among EU Member States and the trade relations between Member States and the non-EU countries. In the fourth chapter of the thesis, the provisions of the Decision No. 1/95 which regulates the free movements of goods between Turkey and the EU are examined with the articles of national legislation concerning the exhaustion of industrial property rights in Turkey. By considering above mentioned provisions and the different views in the doctrine, the trade relation between the EU and Turkey is examined with the economical, political and legal aspects.
Özet (Çeviri)
ABSTRACT THE EXHAUSTION OF INDUSTRIAL PROPERTY RIGHTS IN THE EUROPEAN UNION AND ITS IMPLICATIONS ON THE APPLICATION OF THIS PRINCIPLE IN TURKEY Tutkun, Seçil M.S., Department of European Studies Supervisor: Assoc. Prof. Dr. Gamze Aşçıoğlu Öz December 2005, 160 pages This thesis analyzes the reconciliation of industrial property rights with the principle of free movement of goods in the EU and the implications of this solution on trade relations between the EU and Turkey in the scope of the Decision No. 1/95 of the EC-Turkey Association Council. In the second chapter, patents, trademarks, industrial designs and utility models then the EU regulations and the international regulations concerning the protection of the relevant right in the EU region is examined. Although, the need for“EU wide protection of industrial property rights”is not covered by these regulations, there are special provisions which stipulate“regional exhaustion”for trademarks and industrial designs, hi the EU region there are systems for granting Community Trademark and granting Community Industrial Design which are co-exist with the national systems. However there is no system for granting Community Patent or Community Utility Models and there is no special provision which determine the geographical boundary of the exhaustion of patents and utility models. Nevertheless, the principle of regional exhaustion was accepted through ECJ decisions long before the above mentioned regulations which are very recent. In the third chapter of the thesis, firstly the provisions of the Rome Treaty IVregarding the free movement of goods, then the process that ECJ had faced until the regional exhaustion doctrine was reached and the implementation clauses of this doctrine is examined. Implementation of this doctrine affects both the trade relations among EU Member States and the trade relations between Member States and the non-EU countries. In the fourth chapter of the thesis, the provisions of the Decision No. 1/95 which regulates the free movements of goods between Turkey and the EU are examined with the articles of national legislation concerning the exhaustion of industrial property rights in Turkey. By considering above mentioned provisions and the different views in the doctrine, the trade relation between the EU and Turkey is examined with the economical, political and legal aspects.
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