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Belgium - Interaction of Copyright Law and EU's Free Flow of Goods Doctrine

The telephone manufacturer Nokia sought to enforce its copyright in its instruction manuals against a parallel importer who obtained Nokia telephones in Greece and, without obtaining Nokia's permission, made its own copies of Nokia's French language instruction manual for supply with such telephones. Under the EU's free flow of goods doctrine it was clear that since the telephones were initially put on the market in Greece by Nokia, Nokia had no basis for objecting to the import of the telephones themselves into Belgium or their sale in Belgium. The Brussels Tribunal Civil rejected the copyright claim as being an abuse of the copyright "if any" in the instruction manual since in the court's view, the action was one intended to prevent parallel distribution of authentic products, stating that copyright protection "must be refused where rights are wrongfully exercised in such a way as to maintain or establish artificial partitioning within the Common Market". Indeed the court seemed to imply that where goods were known to be likely to circulate in the EU the manufacturer ought to supply instructions for use "in at least several common languages understood by buyers".


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