Trips Agreement Exhaustion Of Rights

While there is a “fairly broad consensus” globally that patent exhaustion “applies at least in the context of the domestic market”[1] “there is less consensus on how the sale abroad of an IP-protected product can use the IP rights of that product under national law.” [1] The first is the concept of “national exhaustion”, the second of “regional exhaustion” or “international exhaustion”. The rules and legal implications of exhaustion vary considerably from one country of importation, i.e. from national jurisdiction. [1] The TRIPS Agreement states that governments can also act to prevent patent holders and other intellectual property rights holders from abusing intellectual property rights, unduly restricting trade or hindering the international transfer of technology. Articles 8 and 40 After a product that is protected, z.B. a patent right, which is sold by the holder of the protection or by others, with the agreement of the holder, is considered exhausted. It can no longer be exercised by the owner. [1] This restriction is also called the doctrine of exhaustion or teaching of the first sale. [1] For example, when an inventor obtains a patent on a new type of umbrella, the inventor (or any other to whom he sells his patent) can legally prohibit other companies from manufacturing and selling this type of umbrella, but not prohibit reselling the umbrella to third parties to customers who bought this umbrella from the patent holder.

(d) The provisions of the TRIPS Agreement, which have an interest in the exhaustion of intellectual property rights, ensure that each Member is free to establish without challenge its own exhaustion regime, subject to the closest reference regime and the provisions relating to the implementation of Articles 3 and 4. The agreement allows for compulsory licensing as part of agreements aimed at striking a balance between promoting access to existing medicines and promoting research and development of new medicines. However, the concept of compulsory licence does not appear in the TRIPS Agreement. Instead, the title of Article 31 is entitled `Other use without the rightholder`s authorisation`. . . .