Avrupa Topluluğu’nda Fikri-Sınai Mülkiyet Hakları ve Son Gelişmeler

Öz The Policy behind the protection of intellectual and industrial property IP rights is to provide a balance between the competing interest of creator, investor and society. This balance has been achieved by the attribution of exclusivity ,as a reward to the creators, and introducing exceptions to exclusivity in ,favour of society, but in the meantime obliging society to respect those exclusive rights though limited by time. Governments always consider the protection of IP rights as an inıportant tool for their technological and cultural developments within the fraı nework of abovementioned policy approach , and gram protection within the limit of their national territory. Because of this territorialitv approach , different national rıdes relating to the scope, duration and exclusivity of such rights do exist , and this very existance have become the most striking feature of IP laws. There is no doubt that such a difkrent existance would be detrimental to the free ınovement of products covered by those rights, by being capable of creating obstacles within the European Comınunity EC in the absence of unification of national IP rules. This article is an huınble trial to answer the question of how the EC , through its Treaty provisions and case law reconciled the exclusivity and territoriality principles of IP law, with the vital principles , for instance, of free movement of goods and of competition law.