A pyrrhic victory for Karen Murphy?

摘要

The interface between EU rules promoting the single market (in particular, in the fundamental freedoms and the competition rules of the Treaty on the Functioning of the European Union (TFEU)), and the right of individual intellectual property right (IPR) owners to exploit their rights, has long been a rich source of debate under EU law. Ensuring the appropriate balance between promoting creativity and innovation by enabling IPR owners to exploit their efforts for remuneration, whilst simultaneously maintaining the momentum of the single market, has occupied the European judiciary since its earliest days, and remains a major consideration in deliberations over the creation of a single market for IPRs.