Intellectual property

The evolution of intellectual property law within the EU legal framework has been substantial and rapid. Previously viewed as a potential exception to the free movement of goods which EU Member States could potentially use to counteract the scope of free movement law, intellectual property law is now seen in a new light in the modern era. A plethora of EU secondary law, and by extension, applying to the entire EEA, have aimed to harmonise elements of the internal market to establish intellectual property rights on a pan-EEA basis. The introduction of EEA law three decades ago, along with the adjudication of the EFTA Court in this area, has sparked a robust discussion about EU/EEA intellectual property law. Even though it may not have been on the terms it initially intended, the EFTA Court has made significant contributions to the field, covering areas such as trademark law, copyright law, and patent law.