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The paper considers the position of trade marks in the European Communities, particularly their conflicts with the rules on free movement of goods within the EU and with EC competition law. These conflicts are closely related to each other. It will be argued that various interests clash in these conflicts, the difficult resolution of which has fallen to the European Court of Justice. Besides dealing with the legal aspects of these two conflicts, the paper will also explore the reasons behind them, and its broader business and political ramifications. The paper adopts a critical approach to the current development and argues that with the power of strong brands continuing to be on the increase, the relationship between trade mark rights and EC competition law, as well as the relationship between trade marks and the rules on free movement of goods, calls for a reassessment. The paper is ideal for lawyers,students at both undergraduate and postgraduate level and for anybody interested or involved in this colourful subject.
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