14
Intellectual Property Rights: The Purposes and Effects of Articles 30 to 36

1. The Purposes of Articles 30 to 3 6

It is not only under the terms of Articles 85 and 86 that intellectual property rights fall to be considered. Articles 30 and 36 of the Treaty contain basic rules protecting the free movement of goods: Article 30 provides the central principle, and Article 36 sets out the limited exceptions. The wording of Article 30 is concise: 'Quantitative restrictions on imports and all measures having equivalent effect shall, without prejudice to the following provisions, be prohibited between Member States.' Article 34 sets out similar provisions applying to exports. Article 36 contains the qualifications to those basic rules, as follows:

The provisions of Articles 30 to 34 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic or archaeological value; or the protection of industrial and commercial property. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States.

This Chapter considers the relationship between, on one hand, Articles 85 and 86 with their prohibition against agreements and concerted practices between undertakings (the 'competition rules') and, on the other hand, Articles 30 to 36 addressed to Member States, including their legislative, judicial, and administrative authorities responsible for implementation and enforcement of national intellectual property rights (the 'free movement rules').

However, it is first essential to understand the place of Articles 30 to 36 within the framework of the Treaty. Within any common market, one of the essential freedoms is the free movement of goods. The removal of internal tariff barriers and of straightforward and quantitative limits, such as quotas, on the import and export of goods between Member States occurred at an early stage in the development of the Common Market. However, non-tariff barriers, including national legislation and administrative practices relating to the regulation of prices, indications of national origin and other labelling

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