One of the main goals of the Treaty of Rome (1957) (now Treaty establishing the European Community) was the establishment of a single market allowing the free circulation of goods, services, capital and persons between the countries of the European Union.
However, the national monopoly conferred by an industrial property right makes part of the exceptions of the Article 36 (now 30 EC) of the Treaty of Rome to the free movement of goods. This article is thus an exception because it establishes the primacy of the national right on the community right.
In spite of this exception, the trend is towards an European standardization. Thus, the so-called European patent, PCT, international mark or industrial design procedures are as much as means which allow to obtain an industrial property right having effect in many countries by single filing and prosecution. The community patent and design or model are yet in the state of drafts, but the filing of a community trademark has been rendered possible since 1996. The granted mark is a single one and has effect in all the countries of the European Union.
The national legislations are standardized for example in order to allow a best coexistence of the national titles with themselves and with the community titles.
Today it is essential to understand the European Union system because it directs the legislations of the Member States.
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