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September 17, 2025Theory and Practice of Intellectual PropertyOpen Access

The resale right in the case law of the Court of Justice of the European Union

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Authors

OSOlena Starchenko

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Overview

This article examines the implications of the resale right in the EU, highlighting trends in harmonisation and its impact on the art market.

Key Points

  • The resale right aims to provide legal protections for artists within the EU art market, ensuring economic rights.
  • Analysis of key cases illustrates trends in harmonising resale right applications across member states.
  • The concept of 'distorting effect' plays a critical role in understanding the resale right within EU law.
  • Harmonised legislation underpins fair competition and addresses infringement issues in the art market.

Cite This Study

Olena Starchenko (2025) studied this question.

synapsesocial.com/papers/68d45e4431b076d99fa5e088https://doi.org/10.33731/32025.338625
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