Nacionalno iscrpljenje prava intelektualne svojine kao izazov za inicijativu "Otvoreni Balkan"

Abstract

In the following paper, we will discuss the possible adverse impact that the regimes of national exhaustion of intellectual property rights, currently applied in the member states, could pose to the Open Balkan initiative. The regimes of national exhaustion of intellectual property rights (implemented in the region) block parallel imports (trade) of the protected goods within the region, i.e., the imports of the protected goods outside the official distribution channels established by the rightholders. Consequently, they impede the establishment of the regional free movement of goods anticipated by the Open Balkan initiative. The aim of our paper is to shed light on this challenge facing the Open Balkan initiative and indicate a possible approach for addressing it.